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PERLINDUNGAN HUKUM TERHADAP KORBAN DARI KEKERASAN DALAM RUMAH TANGGA AKIBAT PERKAWINAN DI BAWAH UMUR Laurentius Albert; Mety Rahmawati
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2165

Nowadays, child marriage has risen sharply, although there had been an age limit to marry in the law number 1 of 1974 about marriage in article 7 paragraoh (1). Child marriage happened because of some factors which is Internal factors and external factors. These days there are many parties have been marriage under the age limit and it caused by the lack of knowledge and readiness physical or mental in overcoming households problem which then lead to violence or that which disbeut domestic violence. Some particular case verdict number 260/Pid.Sus/2017/PN Jpa, verdict 94 / Pid. Sus / 2015 / PN. Srg, and medical report number R/07/I/2016/SPK/RestaBalam. Those three cases is the under age married couple that eventually use verbal abuse or diss that lead to violence and even death. To overcome the domestic violence, government had form the law number 23 of 2004 concerning the elimination of domestic violence, he act of number 31 of year 2004 on witness protection and the, the law number 39 of 1999 concerning human rights and also institution of witness protection and the to protect the victims of domestic violence especially for women and kids for marriage under age. Even though there are laws that regulate about the protection of victims, however In fact still many of the victims were not figure out how to the protection law , this gave rise to intention for writer to assess deeper on protection laws against the victims of domestic violence especially occurring in marriage under age.

PERTANGGUNGJAWABAN PIDANA TERHADAP KECELAKAAN KAPAL AKIBAT TIDAK LAIK LAUT Vicky Hanggara Alexandro; Mety Rahmawati
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2913

Sea voyage is an important part for an archipelagic country like Indonesia to fulfill the people needs, either it’s the main needs or supporting needs. The use of ships in Indonesia should be the main attention. Indonesia has regulate Undang-Undang Nomor 17 Tahun 2008 tentang Pelayaran, and many more regulations that regulate all matters relate to water transportation for goods and people. In practice of the law and the regulations that regulate the function and duty for each parties along with their responsibilities, that either directly related or not in the ship’s operation. However, it doesn’t create a secure and controlled conditions with the result that many ships in Indonesia are drowned, burn out, crash that casualties have taken many life as happened to KM Zahro Express, were drowned because the ship was not seaworthy to be operated, nevertheless the captain still sailed the ship, in this case the caption is blamed for, but in terms of seaworthy, not only the caption that is responsible but also the ship owner and the syahbandar take parts of the responsibilities. The questions which arise from this case is that how is the criminal liability of the ship owner towards a ship accident? The method that is being use in this study is normative research method and strengthened with data and interviews. Study data shows that in ship accident not only the caption that is responsible but also the syahbandar and the ship owner have the same responsibilities for the ship accident.

PERTANGGUNGJAWABAN PIDANA PEKERJA SEKS KOMERSIAL BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK (STUDI KASUS: 516/PID.SUS/2017/PN.SMN Donny David; Mety Rahmawati
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2219

The criminal liability issue of commercial sex workers is a hot issue among lawyers in Indonesia. Responsibility for criminal pimps has been positively regulated in legislation, but for commercial sex workers it certainly has not been explicit. That is the reason why this research is raised. The problem of this research is how criminal responsibility of commercial sex worker in prostitution crime through online media pursuant to Law Number 19 Year 2016 about amendment of Law Number 11 Year 2008 About Information and Electronic Transaction (Case Study: 516 / Pid. Sus / 2017 / PN Smn This research will be carried out using huku normati research method with case and law approach.The result of this research is that in Indonesia, criminal liability to commercial sex workers is not explicitly regulated, but implicitly regulated The legal umbrella that can be used to hold criminal liability for commercial sex workers is the Law on EIT, where if the commercial sex worker uses online media to prostitute herself, she may be held criminally liable.

PEMIDANAAN TERHADAP PERBUATAN MENGHILANGKAN MAYAT YANG DILAKUKAN ANAK (STUDI TERHADAP PUTUSAN MAHKAMAH AGUNG NO. 774K / PID.SUS / 2015) Heppi Florensia; Mety Rahmawati
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2160

Criminalization of the offender especially in the perpetrators of children under age is as a sanction that tells implied to someone who performs acts meet certain conditions. Often in prosecuting a criminal case the Public Prosecutor is wrong in deciding what articles should be imposed on the perpetrator. As one case of Supreme Court verdict No.774K/PID.SUS/2015 with 16-year-old defendant Dicky Pranata prosecuted by the Prosecutor with Article 340 of the Penal Code juncto Article 56 of the Criminal Code is a criminal act of premeditated murder, in which the elements of Article 340 of the Criminal Code are not fulfilled the defendant's self but the existence of other crimes Article 181 of the Criminal Code of disappearance committed by the defendant. The defendant was sentenced to 10 years in prison at the District Court, while the defendant was released from the sentence of the Court of Appeal and Cassation. The problem in this research is whether the act of the perpetrator fulfills the elements in Article 340 juncto Article 56 paragraph (1) of the Criminal Code juncto Article 1 paragraph (3) SPPA Act and Article 181 of the Criminal Code? How to base criminal offenses in the Supreme Court ruling case No.774K/PID.SUS/2015? The researcher examines the problem with normative juridical method. Based on the analysis result that the defendant is not proven to commit element of crime Article 340 KUHP, but the existence of criminal act Article 181 of Criminal Code which has been done by defendant.

PERLINDUNGAN HUKUM TERHADAP TERSANGKA PADA TAHAP PENYIDIKAN YANG TDAK SESUAI DENGAN PASAL 52 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA (contoh kasus: penangkapan tersangka pemilik ribuan rokok illegal) Andri Tjhin; Mety Rahmawati
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2840

Human rights are the rights attached to every individual and recognized by international law, in practice regarding human rights is regulated to become more specific, namely being the right of the suspect. The KUHAP regulates the rights of suspects precisely in Article 50 until 68. In the case of writing this scientific paper, there are several suspect rights in the stage of investigations that are violated by law enforcement officers, especially article 52, which means there are differences between those stipulated in the law with reality. The research method used is a normative legal research method which is based on primary, secondary, and supported by the results of interviews with related professions, which are then analyzed deductively. The results of this study illustrate that there is legal uncertainty amid law enforcement in Indonesia. Theory of justice, Theory of legal protection and the theory of legal certainty used which essentially becomes a benchmark for conformity of law enforcement in Indonesia.

ANALISIS PUTUSAN PIDANA BERSYARAT DALAM KASUS PENGANIAYAAN ANAK DI BAWAH UMUR (STUDI PUTUSAN NOMOR 2298/PID.SUS/2012/PN.TNG) Legita .; Mety Rahmawati
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2183

Criminal penalty is a criminal under certain conditions. Conditional criminal provisions are regulated in Article 14a-f of the Criminal Code. The case of persecution of the case Number 2298 / Pid.Sus / 2012 / Pn.Tng, the judge ruled the conditional penalty against the perpetrator, then the problem in this research is: How qualification can be terminated as a conditional in case of maltreatment in the case Number 2298 / PID.SUS / 2012 /PN.TNG? What is the legal protection of the victim? Method used by normative juridical with supported by interview. There is no special qualification for the perpetrators of such crimes that should be condemned. The judge may decide on a conditional penalty based only on Article 14 a-f of the Criminal Code. In this case the judge's decision has fulfilled the criteria for the stipulation of a conditional penalty because the sentence does not exceed 1 (one) year. The form of legal protection for children victims of the crime of torture of their legal instruments has been regulated in several laws and regulations namely Article 14c of the Criminal Code and Article 71D of Law Number 35 Year 2014 on Child Protection jo Government Regulation Number 43 Year 2017, that every child who becomes victims of criminal offenses are entitled to restitution or indemnification. Although legal instruments provide opportunities for victims to claim compensation to the perpetrator, this opportunity is not used. The victim only requires the perpetrator to be severely punished, thus ignoring the compensation claim.

PENJATUHAN SANKSI PIDANA TERHADAP PENYEBARAN KONTEN VIDEO PORNO MENGENAI PENCABULAN ANAK DI BAWAH UMUR MELALUI CYBER / DUNIA MAYA Lalu Abi Yu'lla Maulana; Mety Rahmawati
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2234

The unlimited use of Information Technology (IT), has made cybercrime accessible by both adults and minors. Technology can be very useful for daily needs, yet on the other hand, it also can be abused by certain parties including minors (underaged children). The purpose of this study is to examine law enforcement of cybercrime in Indonesia as well as forms of cybercrime that are able to be performed by underaged children. The method used by the author for this journal is normative legal research method. In this case of cybercrime committed by children under age, law enforcement should involves competent authorities such as psychologists, social supervisor, or other experts so no one makes wrong or bad decision for the children. After the proccess, parents of children that involved, should be required to closely supervise their children usage of IT.

PERANAN KOMISI PERLINDUNGAN ANAK INDONESIA DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN TINDAK PIDANA PENGANIAYAAN (STUDI KASUS: PENGANIAYAAN ANAK ADOPSI DI HOTEL LE MERIDIEN JAKARTA PUSAT OLEH CW) Sherly Livinus; Mety Rahmawati
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2141

So many of the phenomenon of violence and crime against children become the harsh spotlight from various circles. Pursuant to Article 20 of Law Number 23 Year 2002 regarding Child Protection, the State, Government, Society, Family and Parents shall be responsible and responsible for the implementation of child protection. The purpose of this study is to look at one of the state institutions established by the government, the Indonesian Child Protection Commission (KPAI) in providing protection for children victims of violent crime. The author took one example of a case study of violent crime against children considering that until now still often occur. The results indicate that there are various efforts by the Indonesian Child Protection Commission (KPAI) to provide legal protection against victims of crime, such as monitoring the progress of the ongoing case and cooperating with community-formed institutions in the field of child protection to realize the welfare of children without discriminatory treatment in order to grow, develop optimally, physically, mentally, and socially.

ANALISIS PENETAPAN PENGADILAN TERHADAP ANAK PELAKU TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA (STUDI KASUS: PENETAPAN PENGADILAN NEGERI SURABAYA DAN 2 (DUA) PUTUSAN PENGADILAN NEGERI JAKARTA BARAT) Lie Natania; Mety Rahmawati
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Children are the future of mankind, our nation and country. Based on this strategic position, the state and the law must provide special protection for children. However, in finding themselves,in some occasions children can stumble and make mistakes, which unfortunately can be in the form of run-ins with the law. Act Number 11 of Year 2012 regarding the Criminal Justice System for Juvenile presented the concept of diversion, which is an approach to resolve juvenile cases in order to achieve restorative justice. Diversion is the of process diverting child cases out of the usual system of criminal justice. However, diversion cannot be used to resolve all and every child cases. In a case of drug abuse, as seen in the Verdict of Surabaya District Court Number 111/Pid.Sus-Anak/2014/PN.Sby, diversion is attempted to resolve the case. But in two similar cases, namely in the Verdict of West Jakarta District Court Number 47/Pid.Sus-Anak/2017/PN.Jkt.Brt and Number 53/Pid.Sus-Anak/2017/PN.Jkt.Brt, diversion was not attempted resolve the children in those cases and as stated on the verdict, those children were convicted. Why is there a difference in the resolution of the court against children who committed drug abuse between the Verdict of Surabaya District Court Number 111/Pid.Sus-Anak/2014/PN.Sby, the Verdict of West Jakarta District Court Number 47/Pid.Sus-Anak/2017/PN.Jkt.Brt and the Verdict of West Jakarta District Court Number 53/Pid.Sus-Anak/2017/PN.Jkt.Brt?

KONSEP SANKSI PIDANA PENJARA CICILAN SEBAGAI ALTERNATIF PEMENJARAAN BARU DALAM UPAYA MENGATASI OVER CAPACITY/KELEBIHAN KAPASITAS DI DALAM LEMBAGA PERMASYARAKATAN Muhammad Fauzar Rivaldy; Mety Rahmawati
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2159

Law is a rule that applies to every country which has been arranged expressly and applied to society governing all actions from every society and in essence the law is nothing but protection of human interest, in the form of rule or norm. Criminal law is a rule that regulates the act that should not be done, which if violated will be subject to criminal sanctions imprisonment. Prisons are a place to give treatment to the offenders. But at this time the prison is not able to provide the maximum treatment, and prisons today have many problems that occur, namely one of over-capacity. The government has not been able to provide solutions to the problems that occur in prisons, but the current legal reform, especially the criminal law is expected to overcome the problems that occur in the prison, so as to reduce the over-capacity that occurs in prison. In the RKUHP there is one article that regulates the imposition of criminal in a different way that is imprisonment executed by way of installment, Alternative to imprisonment which is expected to reduce the over-capacity that occurs in prison.

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