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PERLINDUNGAN HUKUM TERHADAP ANAK YANG DIEKSPLOITASI SEBAGAI PEKERJA ARTIS DITINJAU BERDASARKAN UNDANG - UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Syarifah Aliya Hasna; Rugun Romaida Hutabarat
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17985

Alongside the development of information technology and the times, it affects the expansion of coverage in the entertainment world. In various countries including Indonesia, we still find many jobs that involve children who do not meet the age requirements in doing work. The existence of workers involving children in Indonesia is not new, as well as the existence of child workers who work as artist workers or commonly referred to as little artists. Every Indonesian child is a valuable successor to the nation’s ideals. The next generation and Indonesian human resources will determine the nation's future. Legal protection as a protection by using legal means of protection provided by the law, with the aim of protecting certain interests by making these interests a legal right. As with laws and regulations in general, regulation exists to provide legal guarantees and certainty, including for children. Children must be protected in order to avoid all kinds of losses, both mental and physical, caused by irresponsible parties. So every component of the nation, both government and non-government, has an obligation in the implementation of achieving the children’s right that they aspire to. Children who work more than the time limit determined by laws and regulations and the carelessness of parents as well as intentional acts committed by employers in providing work that does not heed the laws and regulations and children’s rights.

PEMBELAAN TERPAKSA DALAM DELIK PENGANIYAAN YANG MENYEBABKAN LUKA RINGAN (STUDI TERHADAP PUTUSAN PN PADANG NO, 372/PID.B/2020/PN.PDG) Ahmad Yani Y Alhaddad; Rugun Romaida Hutabarat
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.18017

Noodweer or self-defense is one of the reasons for eliminating crime and is described in Article 49 (1) of the Penal Code. The act committed is the basis of justification known as the basis of justification. That is, Apology can rule out the nature of the illegal act, and the act committed by the defendant may be correct. However, the problem with writing is that ES was attacked by AF and Eko should be considered a victim. However, in reality, the judge of Judgment No. 372 / Pid.B / 2020 / PN.Pdg accused Defendant ES in Article 351 (1). .. To complete this study, the author uses four theories: the theory of reasons for crime exclusion, the theory of criminal activity, the theory of criminal imposition, and the theory of judge authority. Court decision NP No. 372 / Pid.B / 2020 / Pn.Pdg stated that the defendant did not meet one of the conditions for compulsory defense and therefore did not prove to have taken compulsory defense under Article 49 (1). The defendant was found based on paragraph (1). Article 351 was condemned. Regarding tracking of identified items, such as (1) anyone, (2) items that are offensive or injured, (3) items that are intentionally worn.

URGENSI FORMULASI DELIK KEKERASAN SEKSUAL BERBASIS GAMBAR DALAM UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK TERHADAP PEMULIHAN KORBAN SECARA YURIDIS Yadi Ahmad Melyantoro; Rugun Romaida Hutabarat
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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The rise of cases of spreading intimate photos containing sexual elements that are disseminatedwithout the consent or approval of one of the parties is a form of non-physical sexual violence,considering that sexual violence occurs because there is no consent or consent. New manifestations oftechnological advances make the realm of crime in cyberspace develop and sexual violence can occurnon-physically, one of which is image-based sexual violence. Therefore, the authors are interested inconducting an analysis of the phenomenon of image-based sexual violence in terms of the existing lawsin Indonesia with a comparison of laws in the UK. The research method used is normative legalresearch. From the research conducted, it is found that the ITE Law as a form of protection for victimsof image-based sexual violence that occurs in the virtual world is considered less effective because itdoes not provide a definition of violating decency in the virtual world and does not favor therestoration of the rights of victims of image-based sexual violence.

PENERAPAN PEMBELAAN TERPAKSA TERHADAP PELAKU DALAM TINDAK PIDANA PENGANIAYAAN YANG MENYEBABKAN KEMATIAN (STUDI KASUS PUTUSAN PENGADILAN NEGERI PASIR PANGARAIAN NOMOR 39/PID.B/2019/PN.PRP) Gregorius Martin; Rugun Romaida Hutabarat
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Noodweer is an action taken in a state of urgency. The problems faced in this study are how tojustify the perpetrators who commit crimes of persecution that cause death in the context ofself-defense and how to apply forced defense of perpetrators in criminal acts of persecution thatcause death related to the Decision of the Pasir Pengaraian District Court Number 39/Pid.B/2019/PN.Prp). The research method in this study is a normative juridical legal research method.The results showed that the justification for the perpetrators who committed the crime ofpersecution that caused death in the context of self-defense were coercive circumstances, forceddefense (noodweer), the existence of a statutory regulation and carrying out of ice orders. Theapplication of a forced defense of the perpetrator in the criminal act of persecution that causeddeath related to the Decision of the Pasir Pengaraian District Court Number39/Pid.B/2019/PN.Prp, in which in this case the perpetrator of the defense was forced to bejustified in making a forced defense due to such circumstances and conditions. that happened. Thesituation is very forced to show that there is no alternative that can be done to deal with a threat ofattack or attack because of its urgency, so it is necessary to carry out a forced defense. Thiscondition indicates that if there is a way of defending that causes less harm or no harm to theother person at all, then that method must be prioritized.

PERLINDUNGAN HUKUM TERHADAP MASYARAKAT ATAS TINDAKAN PENGGELEDAHAN TELEPON SELULER OLEH KEPOLISIAN PADA SAAT MELAKUKAN RAZIA Teuku Maudriansyah; Rugun Romaida Hutabarat
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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A search is an investigator's action to carry out an inspection of the house as well as an examination ofthe body or clothing to look for objects that are strongly suspected of being on the body or being takenalong, for confiscation. When carrying out a search, the police must comply with the Criminal ProcedureCode so that there are no human rights violations. In this regard, the Police have made many coerciveef orts and have also ruled out the Criminal Procedure Code in conducting a search. The issues in thisresearch is how is the legal protection for the community regarding the search for cell phones by thepolice during raids. Based on the result of this research is that Unscrupulous members of the police haveclearly violated the provisions contained in article 33 of the Criminal Procedure Code (KUHAP) andprivacy that everyone has. The police should carry out their duties according to procedures.Furthermore, it can be used as a preventive measure related to human rights violations and privacy whichare essentially an integral part of ef orts to provide legal certainty to the community, as well as being analternative step in resolving a legal problem.

KRIMINALISASI PENGGUNAAN KETAMINE SEBAGAI NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Alya Clara Angelita; Rugun Romaida Hutabarat
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Ketamine is one of the anesthetic drugs that is still very commonly used by the medical world. Ketamine is asynthetic from class I narcotics, Phencyclidine (PCP). Used in the correct dosage according to a doctor'sprescription, ketamine is an ef ective way to replace Phencyclidine. The most obvious ef ect of the use ofKetamine is psychoactive, namely, causing loss of consciousness, pain relief, hallucinations, if used in thelong term and continuously with excessive doses can damage the brain nerves, dependence or addiction. Thisresearch uses normative juridical research by using research on legal systematics, besides that this researchuses positive legal regulations. The results of this study indicate that it is found that the use of ketamine isoften misused by the community, especially adolescents as a substitute for narcotics. Considering the ef ectsthat ketamine gives are hallucinogens and addiction, ketamine should be included in the regulation of theNarcotics Act, no longer included in the Health Act.

ANALISIS PERTIMBANGAN HAKIM MENGENAI “SIFAT KEDERMAWANAN” SEBAGAI ALASAN PEMOTONGAN MASA HUKUMAN KASUS KORUPSI (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR: 237 PK/PID.SUS/2020) Ovaldo Noor Hakim; Rugun Romaida Hutabarat
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Indonesia is a country based on law, its laws stand on everything. Although there have been many laws made in Indonesia, it is still felt that it is not optimal in granting a punishment against lawbreakers. Judges are the last bull for people looking for a ray of justice. However, judges sometimes give a sentence based on their conscience which can be both advantageous and disadvantageous for some parties. Currently, Indonesia does not have a punishment guideline for judges to decide on violators of the law, therefore it is important that judges have a punishment guideline for offenders, the purpose of this guideline is to reduce disparity and to achieve a higher standard of punishmentThe purpose of the law itself is to give justice to anyone. If the guidelines for conviction in Indonesia are born or present, there will be a decrease in legal disparity or legal differences with the same case and of course will provide a law that matches the criminal conduct committed by the legal subjects.

PERTANGGUNG JAWABAN PIDANA ANAK SEBAGAI KURIR NARKOTIKA Muhammad Afrizal Pramudito; Rugun Romaida Hutabarat
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.546

The role of children in narcotics crimes, namely as couriers for narcotics transactions, triggers a social phenomenon that strengthens because children are one of the next generations of the nation and are the foundation of their families and even themselves. Considering that there is a high rate of Narcotics crimes, especially the use of children as Narcotics couriers, this research aims to analyze the legal arrangements for children who become couriers in Narcotics crimes and criminal responsibility for children who become Narcotics police. This research is a normative legal research that relies on library research and uses other secondary legal materials. The data analysis used in this research is descriptive data analysis method. The results of this study indicate that for children who become Narcotics couriers in Narcotics crimes, these children can be referred to as falling into major criminal acts. Criminal responsibility for children who become Narcotics couriers and are caught in Narcotics criminal cases will first be assessed for the age of the child to determine the punishment he will receive because when the child is 12-13 years old, he will only be subject to sanctions while if he is 14-16 years old years shall be sentenced to half the maximum threat of adult punishment

Pelaksanaan Restorative Justice Terhadap Pelaku Tindak Pidana Penganiayaan Anak Di Kepolisian Daerah Bali Doni Darmawan Tikoalu; Rugun Romaida Hutabarat
UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2315

Law enforcement officials, particularly those in the Bali Regional Police, are undoubtedly concerned about the increase in juvenile criminal activity in Bali Province. The restorative justice approach which involves transferring is one of the options for managing criminal cases involving minors. The study's objective is to ascertain how the Bali Regional Police applies the restorative justice concept to cases involving child abuse. The research is of a descriptive character, and it is the empirical legal research. Primary data originates from police interviews conducted by the Bali Regional Police work unit, which specializes in managing juvenile crimes; secondary data is gathered from publications such as books, articles, and records. Qualitative data analysis is done and then presented in a descriptive manner. The outcomes demonstrated that the Bali Regional Police had applied the restorative justice concept in a very effective manner when it came to the crime of child abuse. The legal culture component in society has an influence on the barriers that the Bali Regional Police faces while attempting to implement the restorative justice principle in child abuse cases.

Pelaksanaan Restorative Justice Terhadap Pelaku Tindak Pidana Penganiayaan Anak Di Kepolisian Daerah Bali Doni Darmawan Tikoalu; Rugun Romaida Hutabarat
UNES Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2315

Law enforcement officials, particularly those in the Bali Regional Police, are undoubtedly concerned about the increase in juvenile criminal activity in Bali Province. The restorative justice approach which involves transferring is one of the options for managing criminal cases involving minors. The study's objective is to ascertain how the Bali Regional Police applies the restorative justice concept to cases involving child abuse. The research is of a descriptive character, and it is the empirical legal research. Primary data originates from police interviews conducted by the Bali Regional Police work unit, which specializes in managing juvenile crimes; secondary data is gathered from publications such as books, articles, and records. Qualitative data analysis is done and then presented in a descriptive manner. The outcomes demonstrated that the Bali Regional Police had applied the restorative justice concept in a very effective manner when it came to the crime of child abuse. The legal culture component in society has an influence on the barriers that the Bali Regional Police faces while attempting to implement the restorative justice principle in child abuse cases.

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