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Journal : Unes Law Review

Criminal Liability for Teachers Perpetrating the Rapes of Their Students: Child Protection Law Perspective Mega Agrianty, Firly; Dewi, Sartika; Abas, Muhammad
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1856

Abstract

Rape is an act of sexual violence that forces someone into sexual relations, including those between a husband and wife. According to records from the Federation of Indonesian Teachers' Unions (FSGI), from the beginning of the year until May 2023, 31.08% of sexual violence cases against minors involved teachers. This study, using Normative Juridical research, examines the criminal liability of teachers who rape students and the judicial considerations in Decision Number: 156/Pid.Sus/2020/PN.Pkb. Findings indicate that teachers violating Article 81 paragraphs (1) and (3) are subject to criminal sanctions, including a minimum prison sentence of 5 years and a maximum of 15 years, as well as a fine of IDR 5,000,000,000.00 (five billion rupiah). Additionally, one-third of the principal penalty may be added. In the referenced case, Decision Number: 156/Pid.Sus/2020/PN.Pkb, the defendant received a sentence of 6 years in prison and a fine of IDR 10,000,000.00 (ten million rupiah). Failure to pay the fine would result in an additional 3-month prison term. Given the damage to the reputation of teachers, the panel of judges should have the authority to impose further punitive measures, such as publicizing the perpetrator's identity through print and social media. It is hoped that such measures will create a deterrent effect, discouraging similar offenses in the future.
Penetapan Anak dari Perkawinan Campuran Ditinjau dari Undang-Undang Perkawinan Widasari, Widasari; Dewi, Sartika; Abas, Muhamad
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1857

Abstract

Law Number 1 of 1974, amended by Law Number 16 of 2019 concerning Marriage, regulates mixed marriages in Article 57, affirming that marriage between two individuals in Indonesia subject to different laws due to differences in nationality and one party being an Indonesian citizen. This research aims to analyze the legal consequences of mixed marriages on the establishment of children according to this Law. The study employs a normative juridical method with descriptive data analysis. Findings indicate that according to Article 42 of Law Number 1 of 1974 concerning Marriage, a legitimate child is one born within or as a result of a lawful marriage. Through a case study of judge's decision Number 471/Pdt.P/2019/PN.DPS, the judge approved the establishment of the child because the applicants fulfilled the requirements set forth to obtain authentic evidence of their marriage. The establishment of children in mixed marriages is clearly regulated by Law Number 1 of 1974, amended by Law Number 16 of 2019 concerning Marriage. However, law enforcement regarding the establishment of children in the context of mixed marriages requires compliance with the stipulated conditions in the law to ensure the validity of the child's status.
Tinjauan Kriminologi Terhadap Penyalahgunaan Narkotika di Kalangan Remaja di Kabupaten Karawang Ditinjau Dari Teori Control Social (Studi Kasus Badan Narkotika Nasional Karawang) Nurbaliza, Violita; Dewi, Sartika; Abas, Muhamad
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1952

Abstract

feeling in everything from digestion to pain relief, and lead to dependency. In criminological theory, one of them is studying criminals from a sociological perspective,which is to look for different reasons for the crime rate in the social environment. In connection with the above problems, it can be linked to social control theory relating to sosialigical variables, including structure, family, education and dominant groups. From a sociological standpoint, criminological theory examines, investigates, and discusses the linkages that exist between location, ethnicity, and group membersas long as these ties have the potential to result in criminal activity. Based on the notion of social control and preventative measures against drug misuse among teens, the study seeks to investigate the elements that lead to drug abuse among teenagers, as conducted by BNN Karawang. An empirical juridical approach is used, which is a study of how the law is applied in society. The results of this research show that the factors causing the circulation of narcotics among teenagers in Karawang Regency are unternal factors causing the circulation of narcotics among teenagers in Karawang Regency, namely rehabilitation service efforts, socialization efforts, online media efforts and mitigation efforts by forming villages shining.
Criminal Liability for Teachers Perpetrating the Rapes of Their Students: Child Protection Law Perspective Mega Agrianty, Firly; Dewi, Sartika; Abas, Muhammad
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1856

Abstract

Rape is an act of sexual violence that forces someone into sexual relations, including those between a husband and wife. According to records from the Federation of Indonesian Teachers' Unions (FSGI), from the beginning of the year until May 2023, 31.08% of sexual violence cases against minors involved teachers. This study, using Normative Juridical research, examines the criminal liability of teachers who rape students and the judicial considerations in Decision Number: 156/Pid.Sus/2020/PN.Pkb. Findings indicate that teachers violating Article 81 paragraphs (1) and (3) are subject to criminal sanctions, including a minimum prison sentence of 5 years and a maximum of 15 years, as well as a fine of IDR 5,000,000,000.00 (five billion rupiah). Additionally, one-third of the principal penalty may be added. In the referenced case, Decision Number: 156/Pid.Sus/2020/PN.Pkb, the defendant received a sentence of 6 years in prison and a fine of IDR 10,000,000.00 (ten million rupiah). Failure to pay the fine would result in an additional 3-month prison term. Given the damage to the reputation of teachers, the panel of judges should have the authority to impose further punitive measures, such as publicizing the perpetrator's identity through print and social media. It is hoped that such measures will create a deterrent effect, discouraging similar offenses in the future.
Penetapan Anak dari Perkawinan Campuran Ditinjau dari Undang-Undang Perkawinan Widasari, Widasari; Dewi, Sartika; Abas, Muhamad
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1857

Abstract

Law Number 1 of 1974, amended by Law Number 16 of 2019 concerning Marriage, regulates mixed marriages in Article 57, affirming that marriage between two individuals in Indonesia subject to different laws due to differences in nationality and one party being an Indonesian citizen. This research aims to analyze the legal consequences of mixed marriages on the establishment of children according to this Law. The study employs a normative juridical method with descriptive data analysis. Findings indicate that according to Article 42 of Law Number 1 of 1974 concerning Marriage, a legitimate child is one born within or as a result of a lawful marriage. Through a case study of judge's decision Number 471/Pdt.P/2019/PN.DPS, the judge approved the establishment of the child because the applicants fulfilled the requirements set forth to obtain authentic evidence of their marriage. The establishment of children in mixed marriages is clearly regulated by Law Number 1 of 1974, amended by Law Number 16 of 2019 concerning Marriage. However, law enforcement regarding the establishment of children in the context of mixed marriages requires compliance with the stipulated conditions in the law to ensure the validity of the child's status.
Tinjauan Kriminologi Terhadap Penyalahgunaan Narkotika di Kalangan Remaja di Kabupaten Karawang Ditinjau Dari Teori Control Social (Studi Kasus Badan Narkotika Nasional Karawang) Nurbaliza, Violita; Dewi, Sartika; Abas, Muhamad
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1952

Abstract

feeling in everything from digestion to pain relief, and lead to dependency. In criminological theory, one of them is studying criminals from a sociological perspective,which is to look for different reasons for the crime rate in the social environment. In connection with the above problems, it can be linked to social control theory relating to sosialigical variables, including structure, family, education and dominant groups. From a sociological standpoint, criminological theory examines, investigates, and discusses the linkages that exist between location, ethnicity, and group membersas long as these ties have the potential to result in criminal activity. Based on the notion of social control and preventative measures against drug misuse among teens, the study seeks to investigate the elements that lead to drug abuse among teenagers, as conducted by BNN Karawang. An empirical juridical approach is used, which is a study of how the law is applied in society. The results of this research show that the factors causing the circulation of narcotics among teenagers in Karawang Regency are unternal factors causing the circulation of narcotics among teenagers in Karawang Regency, namely rehabilitation service efforts, socialization efforts, online media efforts and mitigation efforts by forming villages shining.