Articles
Abortion Due to Rape in A Juridical Perspective and Human Rights
Ila Ria Alfi;
Gunarto Gunarto
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung
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DOI: 10.30659/ldj.2.3.272-278
The problem of abortion due to rape is a social reality that is becoming increasingly prevalent in society. It is not uncommon in Indonesia that abortions are performed not because of health or age factors but because of shame and self-esteem. The purpose of this study was to determine and analyze the regulations regarding abortion due to rape based on Act No. 36 of 2009 concerning Health and a legal review of acts of abortion due to rape based on Act No. 36 of 2009 concerning Health and its relation to human rights. This study uses a juridical-normative approach and data collection techniques are carried out by collecting secondary data. The results of this study indicate that abortion cannot be done arbitrarily, there must be reasons and conditions that are met in accordance with statutory qualifications. Sanctions for violating these provisions can be subject to penalties. Judging from juridically, Act No. 36 Of 2009 concerning Health, Article 75 in particular paragraph (2) provides room for abortion for victims of rape. The article states that a pregnancy resulting from rape which can cause psychological trauma to the rape victim can be subjected to an abortion. In Article 9 of Act No. 39 Of 1999 concerning Human Rights paragraph (1) it is emphasized that everyone has the right to live, and to maintain life and to improve his standard of living. Human rights are basic rights that humans have since they were born.
Legal Protection On Children As Witness Of Victims In Criminal Justice
Ria Latifah;
Gunarto Gunarto
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung
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DOI: 10.30659/ldj.2.2.68-76
Indonesia's legal protection is inadequate for children as witnesses of victims of criminal acts of decency in the criminal justice process. The objectives of the research include: To analyze the implementation of legal protection for children as witnesses of victims of crime of decency in the criminal justice process at the Kendal District Court, To analyze the treatment of children as witnesses to victims of criminal acts of decency during the criminal justice process at the Kendal District Court and for analyzing the obstacles and solutions in providing legal protection to children as witnesses of victims of crime of decency in the criminal justice process at the Kendal District Court. In this study, a sociological juridical approach is used, an approach used in dealing with problems discussed based on applicable regulations and then linked to the reality that occurs in the community. Based on the research, the conclusion is: Implementation of Legal Protection for Children as Witnesses to Victims of Crime of Decency in the Criminal Court Process against children as victims of decency crimes in the form of legal protection in the form of: Restitution and Compensation, Counseling, Medical Assistance, Legal Aid and Information Providing. Treatment of Children as Witnesses to Victims of Criminal Actions of Decency during the Criminal Court Process Law enforcement officials still treat women victims of child sexual abuse as objects, not subjects that must be heard and respected for their legal rights and Constraints and Solutions in the Kendal District Court. The victim feels traumatized as a result of this case in providing testimony at the trial and the solution and solution to these obstacles is that victims of criminal acts of sexual immorality continue to be given support from both family and community.
Judge’s View Of Negligence Criminal Acts Which Cause Death In Traffic Scope
Heri Joko Purnomo;
Gunarto Gunarto
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung
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DOI: 10.30659/ldj.2.2.178-186
The purpose of this research isto study, know and analyze the judge's point of view in the verdict of a case of negligence that causes the death of another person within the scope of traffic. In this study, the authors used sociological juridical methods with descriptive research specifications. The data used for this research are primary and secondary data. Based on the research, it was concluded that in positive law, the Defendant RK in case Number 186 / Pid.Sus / 2018 / PN.Jpa positively violated the provisions in accordance with the aggravating matter, namely the Accused's negligence caused the death of another person and also the Defendant did not have standardization driving license in the form of a driving license (SIM).
The Legal Protection Against Children Who Did Criminal Actions Through Diversion
Masngud Afandi;
Gunarto Gunarto
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung
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DOI: 10.30659/ldj.3.2.283-289
The purpose of this study is to examine and analyze the legal protection of children who commit crimes through diversion in terms of the juvenile criminal justice system. This study uses a normative juridical approach. Based on the research, it is concluded that children dealing with the law are considered as legal subjects who are not yet competent and cannot understand what they are doing. Investigation of children's cases is carried out by investigators determined by the Decree of the Head of the State Police of the Republic of Indonesia or other officials appointed by the Head of the State Police of the Republic of Indonesia. On the other hand, if the Diversion process fails, the Investigator is obliged to continue the investigation and delegate the case to the Public Prosecutor by attaching the diversion report and the community research report. Arrested children must be deposited in LPKS. The cost for each child placed in LPKS is charged to the budget of the ministry that carries out government affairs in the social sector.
The Role Of Prosecutors In Handling Eradication Of Corruption Crime
Agustinus Dian Leo Putra;
Gunarto Gunarto
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung
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DOI: 10.30659/ldj.3.2.232-239
The purpose of this study is to examine and analyze the role of the Prosecutor's Office in handling criminal acts of corruption judicially. In this paper the author uses a normative juridical method. Based on the research, it can be concluded that the duties and functions of the prosecutor as an investigator of criminal acts of corruption are in accordance with the provisions of Article 284 paragraph (2) of the Criminal Procedure Code, the Prosecutor is still authorized to carry out investigations of special crimes in this case corruption. Eradication of corruption is to rely on the consistent treatment of Law on the eradication of corruption. 20 of 2001 concerning amendments to Act No. 31 of 1999 concerning the eradication of corruption. The prosecutor as an investigator concurrently serves as a public prosecutor in handling corruption crimes. Exceptions based on Article 284 paragraph (2) of the Criminal Procedure Code. The Criminal Procedure Code has relinquished the investigative authority from the prosecutor's office, and has been fully assigned to the police
Permit Issues of Online Single Submission (OSS)
Desi Ayuwati Ayuwati;
Gunarto Gunarto
Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung
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DOI: 10.30659/sanlar.2.2.135-140
The purpose of this study was to: 1) To analyze the implementation problems of Online Single Submission (OSS) in Indonesia. 2) To analyze the constraints and find solutions permitting the implementation of Online Single Submission (OSS) in the PTSP.The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method. Based on the results of data analysis concluded that: 1) Problems OSS among others: first, Presidential Regulation No. 24 of 2018 does not set the transition effect. Secondly, the OSS system is not ready, partly because of computer systems across ministries and agencies, both at central and local levels that have not been connected properly. CMEA Nasution admitted that the government has not fully prepared to implement OSS. Third, related NSPK of K/L and LGs. 2)Presidential Regulation No. 24 of 2018 has been set PTSP but only the definition in Article 1 point 28 and General Explanation of PTSP. In General Explanation mentioned that Presidential Regulation No. 24 of 2018 perfecting the OSS on the central government and local governments to become more efficient, serve, and modern. In the body of Presidential Regulation No. 24 of 2018 no provisions to the PTSP. The absence of regulation PTSP in Presidential Regulation No. 24 of 2018 lead to confusion in practice, given the PTSP is a designated institution Article 25 paragraph (4) and (5) Investment Law.
Notary Role in Making a Murabahah Account in Shari’a Banks
Etri Silviyanti;
Gunarto Gunarto
Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung
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DOI: 10.30659/sanlar.2.3.160-168
This study aims to determine and analyze the terms of the Murabahah financing agreement according to Islamic law and the role of the notary in making Murabahah financing agreement in Islamic banks. The type of research used is descriptive analytical which aims to parse the facts to obtain an overview, about the existing problems, examine and study legal facts. The results of the study concluded that under the terms of the Murabahah financing agreement on a Shari’a bank according to Islamic law must meet the pillars and conditions as described in Compilation of Shari’a Economic Law and the role of a notary in making Murabahah agreement deeds in Islamic banks, it is needed as a party of legality (legal force) and in making Murabahah deeds in Islamic banks that are notarized the formulation must be in accordance with Article 38 of the Law on the Position of Notary without leaving Shari’a principles as well as the mechanism/procedure for making notarial deeds.
LIABILITY AND COMPLETION OF THE LAW ON NOTARY DEED ARE MADE NURSING HIS RULE
Ristya Putri Asriyani;
Gunarto Gunarto
Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung
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DOI: 10.30659/sanlar.2.3.282-290
Issues raised in this study first, how a form of accountability notary who has ended his tenure on the deed he made before the end of his tenure? Second, how the legal protection of a notary who has ended his tenure on the deed made before nursing. This study analyzed qualitatively in the form of research reports, descriptive and approach of this research is the approach of legislation and case-based approach to the type of juridical empirical research. From the analysis of the study concluded that the first form of responsibility notary who has ended his tenure against the violation of the law office of a notary, may be accounted for either administrative, civil and criminal as well as a variety of sanctions. Second,Keywords: Notary nursing; responsibilities of a notary; notary legal protection
LAJU PERTUMBUHAN MIKROBIA PADA PENGOLAHAN LIMBAH CAIR TEMPE MENGGUNAKAN SISTEM BIOFILM
Endang Sulistyawati;
Gunarto gunarto
Eksergi Vol 9, No 1 (2008): Versi Cetak
Publisher : Prodi Teknik Kimia, Fakultas Teknologi Industri, UPN "Veteran" Yogyakarta
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DOI: 10.31315/e.v9i1.7552
Límbah cair industri tempe bersifat biodegradable, sehingga dapat diuraí secara biologi. Pengoløhanyang dÍcobakan adalah sistem biofilm. Percobaan dilakukan dengan mengembangbíakkan Bakteri Bachillus Sphaericus menggunakan nutrisi MRS Broth dalam aquades dan media biofìlm batu apung yang dimasukkan dalam limbah. Laju pertumbuhan bakteri diamati pada variasi suhu 29C, 40C, 50C dan 60C pada fase pertumbuhan cepat. Hasil analísís data dengan pendekatan bahwa reaksi yang terjadimengikuti reaksi katalitik orde satu diperoleh persamaan laju pertumbuhan mikroba sebagai fungsi suhu sebagai r= 1,75 x 10^8 e^(-13.2/RT)xS.
Produksi Poli-β-hidroksibutirat (PHB) Menggunakan Bakteri Bulkhoderia cepacia
Sri Wahyu Murni;
Gunarto Gunarto
Eksergi Vol 9, No 1 (2008): Versi Cetak
Publisher : Prodi Teknik Kimia, Fakultas Teknologi Industri, UPN "Veteran" Yogyakarta
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DOI: 10.31315/e.v9i1.7557
Plastics have important roles nowadays. However, its non-biodegradable property potentially makes a great problem because of the accumulation of its waste. Therefore, many researches about biodegradable plastics have been developed. Poly-β-hydroxybutyrate (PHB) is an alternative material to produce biodegradable plastics. The objectives of this research are to study the production of PHB by using Bulkhoderia cepacia bacteria and soluble starch substrate and determine the kinetics parameters including maximum specific growth rate (μmaks), saturation constant (Ks), and yield ratio of product-to-bacterial cell (YP/X). Fermentation was conducted at room temperature by using Ramsay medium with soluble starch at certain concentrations. The starter of Bulkhoderia cepacia incubated for 24 hours was inoculated as many as 10% by volume. The PHB product and dry cell weight were analyzed at certain several time intervals. This experiment was repeated at variation of phosphate concentrations.This research showed that the optimum cell growth and PHB production was obtained at soluble starch concentration of 8 g/100 ml and growth period of 72 hours. At this condition, the results were the dry cell weight of 7.5 mg/ml and PHB concentration of 0.0095 mg/ml. The values of kinetics parameters were μ maks of 0.01292 g/ml. h, Ks of 0.2854 g/ 100ml, YP/X of 0.00143. The accumulation of PHB was optimum at limited phosphate concentration. It could be also concluded that Bulkhoderia cepacia was a non-effective bacteria to produce PHB.