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ANALISIS IMPLEMENTASI UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASAN SEKSUAL DARI PRESPEKTIF TEORI KEADILAN : (Studi Kasus Di Kota Gorontalo) Lion Hidjun; Agustina Bilondatu; Yusrianto Kadir
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2023): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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Abstract

Implementation of Law Number 12 of 2022 concerning Acts of Sexual Violence from the Perspective of the Theory of Justice. Sexual violence is violence that occurs because of sexual issues. Sexual violence is generally committed against partners. Law enforcement is less effective and tends to be unable to thoroughly deal with crimes both in terms of quality and quantity. This research is a qualitative descriptive, empirical legal research method, with a statute approach and an analytical conceptual approach. The results of the study show that the implementation and enforcement of Law Number 12 of 2022 concerning acts of sexual violence in the city of Gorontalo have been carried out by law enforcement agencies following the provisions of the law accompanied by fines, then court decisions are determined by courts against perpetrators of crimes of sexual violence carried out following the demands and charges of the Prosecutor. The severity of the sentence depends on the motive, behavior of the witness, and the incident of the sexual crime. In conclusion, the implementation of law enforcement against crimes of sexual violence in the city of Gorontalo has been carried out by police agencies, prosecutors, and courts, enforcement of Law Number 12 of 2022 is carried out through Rechterlijk Pardon or pardons by judges in the form of decisions.
Transition Of Authority Judicial Institutions Simultaneous National Elections 2024 Salahudin Pakaya; Roy Moonti; Yusrianto Kadir; Taufik Firmanto
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 3 No 2 (2023): IJHESS OCTOBER 2023
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v3i2.496

Abstract

The decision of the Constitutional Court No. 97/PUU-XI/2013 resulted in changes in the function and authority of the judicial institution that adjudicates Pilkada. The Constitutional Court's decision then gave birth to Article 157 of Law No. 10 of 2016 Amending Law No. 8 of 2015 (Pilkada Law) which contains provisions for the establishment of a special election judicial body that will hear disputes over the results of simultaneous national elections in 2024. However, the establishment of a special election judicial body mandated by the Pilkada Law still faces juridical obstacles if it is linked to Law 48 of 2009 concerning Judicial Power, and laws governing judicial bodies under the auspices of the Supreme Court, especially the general and state administrative courts. Another juridical problem is the Constitutional Court Decision Number 85/PUU-XX/2022 which states that the phrase "until a special judicial body is established" in Article 157 paragraph (3) of the Pilkada Law does not have binding legal force. So that the Constitutional Court's decision can be interpreted as a sign of defining the Constitutional Court as a permanent judicial institution to hear disputes over Pilkada results. This research uses normative research methods as a characteristic of legal research, using statute law approaches, expert opinions. The purpose of this research is to search and find the right norms and have legal arguments in determining the right judicial institution authorized to hear disputes over the results of the 2024 simultaneous regional elections.
Penerapan Asas Sederhana, Cepat, Dan Biaya Ringan Dalam Pelaksanaan Modernisasi Persidangan Perkara Pidana Berdasarkan Cetak Biru Pembaharuan Peradilan Tahun 2010-2035 Pada Pengadilan Negeri Purwo Widodo; Yusrianto Kadir; Arifin Tumuhulawa
Jurnal Hukum Bisnis Vol. 2 No. 2 (2024): Jurnal Hukum Bisnis (J-Kumbis)
Publisher : LPPM Universitas Bina Taruna Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37606/j-kumbis.v2i2.171

Abstract

This study aims to analyze the application of simple, fast and low-cost principles to judicial institutions in criminal trial processes. The research method used is normatic-empirical research, namely Library Research which is complemented by Field Research (empirical) by collecting direct information through interviews with parties related to the statutory approach (statute approach), conceptual approach (conceptual aapproach). The results show that Modernization of Justice in the trial of Criminal Cases is a demand of changes in world society in the era of globalization. Modernization of Criminal Justice has been accelerated by global challenges by utilizing IT with the holding of Electronic Criminal Trials with the aim of providing legal certainty to Defendants, where electronic trial is held as a form of application of the principles of fast, simple and light costs that have been stipulated in the Criminal Procedure Code in the implementation of criminal trials themselves.
Strategi Pencegahan Hoaks Dalam Kampanye Pemilu Ditinjau Dari Prespektif Pidana Dan Dampak Sosial Roy Marthen Moonti; Saiful R. Pakaya; Rustam Hs. Akili; Yusrianto Kadir; Marten Bunga
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 4 (2024): July : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i4.322

Abstract

The aim of this research is to find out how criminal law regulates and recognizes the spread of hoaxes in the context of election campaigns and to find out how prevention efforts and legal education can be improved to reduce the spread of hoaxes during election campaigns. In this research, the researcher used a normative research method, namely a research method that aims to analyze, interpret and evaluate applicable law or legal principles by referring to theory, doctrine, statutory regulations, court decisions and other legal sources. Social media is the easiest place to share and get various information about the latest things that are currently being discussed and paid attention to by the public. However, as explained previously, not everyone can use social media well and wisely. This can be seen from the rise of hoax news spread on various social media platforms, be it Facebook, Instagram, WhatsApp, Twitter and so on.