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Fulfilment of Formal Education for Children with Criminal Sentences: Analysis of Law Number 11 of 2012 concerning the Juvenile Justice System Subarsyah Subarsyah
AL-ISHLAH: Jurnal Pendidikan Vol 13, No 3 (2021): AL-ISHLAH: Jurnal Pendidikan
Publisher : STAI Hubbulwathan Duri

Crimes committed by children are currently experiencing a very significant increase. In Indonesia, the settlement of criminal cases against children is included in vulnerable children who need more attention in fulfilling their rights. However, there are still many violations of children's rights during their status as perpetrators of crimes and afterwards. This study aims to analyze the fulfilment of the formal education of criminal children by Law Number 11 of 2012 concerning the Juvenile Justice System. This study uses a qualitative approach with a literature study. The results of the study explain that Indonesia as a country that has ratified the Convention on the Rights of the Child through Presidential Decree Number 36 of 1990 dated August 25, 1990, has further integrated children's rights into national law, namely into Law Number 23 of 2002 concerning Child Protection. Protection of children was created as an effort to educate and build quality and affluent children in education. These forms of protection include providing comfort, security, health, and adequate education. The existence of The Child Special Guidance Institute plays a vital role in fulfilling the educational needs of formal and non-formal children.

PENEGAKAN HUKUM TERHADAP KEJAHATAN BIDANG POLITIK DI INDONESIA DALAM KONTEKS PEMBAHARUAN HUKUM PIDANA T. Subarsyah Sumadikara
JURNAL LITIGASI (e-Journal) Vol 15 No 2 (2014)
Publisher : Fakultas Hukum Universitas Pasundan

Political crime is a problem, especially concerning the enforcement. Positive law has been set, but political crimes keep continuing to arrise. It should be examined whether the positive law enforcement can reach all kinds of political crime, how crime policy is formulated, what obstacles and solutions that must be adopted. The results of the study of political crimes, including crimes against the public interest, the interlocked with the power and political activity as the ingredients. Positive law, is essentially the result of a series of political processes. As a result, enforcement efforts be incomplete, always coincide with the technology, management, politics, beyond the limits of reality, evolved into a discourse that is planned, organized, controlled to be a crime that is untouched. Positive law works Iinier-mechanistic, based on the teachings of Legal Positivism / Rechtsdogmatiek, prioritizing political criminal, penal policy which in reality has lost much of his authority. Need reconstruction, shift the dominance of Normative-positivistic to sociological-philosophical / combination of the two, entering the world of technology, the realities of political life as well as total quality management for the judicial activity, so that enforcement is not bound law; initiated legal system of national unity, based on the value of heterogeneity comes from legal sources that live, grow and flourish in society, the written / unwritten according to the characteristics of the State and the Nation of Indonesia; political will does not exalt the principle of legality which in fact is often ignored the justice. Keywords: Enforcement; Legal; Politics; Reform; Criminal.

EKSISTENSI PERLINDUNGAN SAKSI DAN KORBAN DALAM PERSPEKTIF SISTEM PERADILAN PIDANA DI INDONESIA Tedie Subarsyah Sumadikara
JURNAL LITIGASI (e-Journal) Vol 17 No 2 (2016)
Publisher : Fakultas Hukum Universitas Pasundan

In line with the current development of the criminal offense, it is necessary to the development of the criminal justice system (SPP) with the involvement of other key components of the criminal justice system, namely DCIS component i i, ang carry out the functions of protection of witnesses and / or victims of crime. criminal By involving the intended protection function, the criminal justice system is no longer just oriented to the suspect / defendant but also oriented to witnesses and victims of crime. This will have implications for the development and strengthening of the criminal justice system into the criminal justice system is perfect, the criminal justice system a good, balanced and fair. So that in the future does not happen again the phenomenon of witnesses and / or victims with threats, pressure or occur engineering evidence statements of witnesses, even a waiver of the rights of witnesses and / or victims. Although now the presence of the Agency has given guarantees and assurances for the protection of witnesses and / or victims of crime, but the position of the Agency as a component of the criminal justice system has not been expressly recognized in the law of criminal procedure. Therefore it is very important to analyze the position of the Agency in the criminal justice system in Indonesia, namely by reviewing the Agency's role in the criminal justice system, and the concept of the position of the Agency as the state agencies in the criminal justice system in Indonesia. Keywords: Existence of the Witness and Victim Protection Agency

PENEGAKAN HUKUM PIDANA DALAM MENANGGULANGI TINDAK PIDANA PENCEMARAN LINGKUNGAN SUNGAI CITARUM MELALUI PENDEKATAN RESTORATIVE JUSTICE T. Subarsyah
Jurnal Soshum Insentif Vol 3 No 2 (2020): Vol 3 No 2 (Oktober, 2020): Jurnal Soshum Insentif
Publisher : Lembaga Layanan Pendidikan Tinggi Wilayah IV

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36787/jsi.v3i2.264

Abstract – The Citarum river pollution by corporations in a massive way makes the ecosystem of rivers to be concerned. Criminal sanctions against corporations are expressly enforced. Criminal sanctions are deemed not to meet the sense of fairness so restorative justice approach to corporations becomes an alternative. The restorative Model of justice is considered effective for the restoration of environmental conditions as a penalty rather than criminal with the nature of Ultimum Remedium. Dialogis and mediation are tools to resolve criminal issues in fairness in court Laur. The research method with a normative juridical approach is to study various laws and regulations, as well as the principles of restorative justice with the support of secondary data through library research and analyzed with qualitative models. The results of the study, the criminal law of corporate environmental crimes can be spared criminal sanctions through social and environmental fines, reducing the buildup of matters through the discretion of law enforcement, minimising economic, ecological, and social conflicts and the lives of the environment along with local wisdom. Abstrak – pencemaran sungai Citarum oleh korporasi secara masif membuat ekosistem bantaran sungai mengkhawatirkan. Sanksi pidana terhadap korporasi secara tegas diterapkan. Sanksi pidana dipandang tidak memenuhi rasa keadilan sehingga pendekatan restorative justice terhadap korporasi menjadi alternatif. Model restoratif justice ini dipandang efektif untuk pemulihan kondisi lingkungan sebagai hukuman denda ketimbang pidana dengan sifat ultimum remedium. Dialogis dan mediasi adalah alat untuk menuntaskan persoalan perkara pidana secara berkeadilan di laur pengadilan. Metode penelitian dengan pendekatan yuridis normatif yakni menelaah berbagai peraturan dan perundang-undangan berlaku, serta asas-asas restorative justice dengan dukungan data sekunder melalui teknik studi pustaka (library research) dan dianalisis dengan model kualitatif. Hasil penelitian, hukum pidana kejahatan lingkungan korporasi dapat terhindar sanksi pidana melalui denda sosial dan lingkungan, mengurangi penumpukan perkara melalui diskresi penegak hukum, minimalisir kerugian ekonomi, ekologis, dan konflik sosial serta lestarinya lingkungan hidup seiring dengan kearifan lokal.

Implementation of Article 87 Law Number 2 of 2004 Concerning Resolution of Industrial Relations in the Court of Industrial Relations in Article of the Republic of Indonesia Setia Permana; T. Subarsyah; Evita Firdatunnisa
International Journal of Science and Society Vol 2 No 3 (2020): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

The formulation of article 87 of Law Number 2 of 2004 in its implementation still requires firmness to provide certainty that what is meant by trade unions / labor unions that can become legal counsel to proceed at the Industrial Relations Court to represent their members are trade unions / labor unions located in in the company or including labor unions / labor unions outside the company. The purpose of this study is to describe / describe the rights and authority of trade unions / labor unions as legal counsel in the process of resolving industrial relations disputes along with descriptions (describing) the legal consequences related to the rights and authority of trade unions / labor unions .The type of research used is normative law which is intended to examine the provisions of positive law. The method of approach used in this study is the approach: normative law, which examines the legal norms that apply, both in the form of laws, implementing regulations and other regulations that have links with the issues discussed in the study. Settlement of industrial relations disputes can be done through resolutions outside the Industrial Relations Court (Non-Litigation) and in the Industrial Relations Court (Ligitation). Implementation of Article 87 of Law No. 2 of 2004 concerning Settlement of Industrial Relations Disputes, in the Decision of the Supreme Court of the Republic of Indonesia Number 933K / PDT.SUS / 2009 dated May 5, 2010 and Number 488K / PDT.SUS / 2012 dated October 22, 2012, referred to as trade unions / labor unions has a legal standing representing its members proceeding in the Industrial Relations Court is a trade union / labor union both inside and outside the company.

Contempt of Court in Indonesian Criminal Justice System T. Subarsyah
International Journal of Science and Society Vol 2 No 3 (2020): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Contempt of court is a cutting the edge in this era. This situasion mostly happened when some people insulted the dignity of the court in case of expressing their disatisfaction to the court. Therefore, contempt of court is a part of criminal offense eventhough there are stipulations concerning the issue. However it does not give any detterent effect since the image of the court remains negative in this country. Therefore, with the Contempt of Court Act and stipulations in the Penal Code on the offense classified as contempt of court, it none other is to guard the authority and privilege of the respect of the court that is impartial and the place where people seek justice.

MENYOAL PERTANGGUNGJAWABAN HUKUM PIDANA TERHADAP TINDAKAN MALAPRAKTIK KEDOKTERAN DI TENGAH PANDEMI COVID-19 DI INDONESIA T. Subarsyah
Mimbar Hukum Vol 34 No 1 (2022): Mimbar Hukum
Publisher : Faculty of Law, Universitas Gadjah Mada

Abstract Indications of malpractice by medical personnel when handling Covid-19 cases are in the public spotlight quite seriously. These actions are feared to be a bad image and a frightening specter for patients and the general public. This paper aims to answer the doctor's criminal responsibility due to negligence in handling the health of patients infected with Covid-19. The approach method is normative juridical by examining the legislation, and various legal literature that supports writing. The result of the study is a description of the doctor's responsibility due to negligence from the juridical aspect in the form of analytical descriptive. As for the conclusions, the impact of malpractice and the responsibility of doctors in terms of criminal, civil and code of ethics. AbstrakIndikasi adanya tindakan malapraktik oleh tenaga medis saat penanganan kasus Covid-19 menjadi sorotan publik yang cukup serius. Tindakan tersebut dikhawatirkan menjadi citra buruk dan momok menakutkan bagi pasien dan masyarakat umum. Tulisan ini bertujuan untuk menjawab pertanggung jawaban pidana dokter akibat kelalaian penanganan kesehatan pasien yang terinfeksi Covid-19. Metode pendekatan melalui yuridis normatif dengan menelaah peraturan perundang-undangan, dan berbagai literatur ilmu hukum yang mendukung tulisan. Hasil telaah berupa gambaran pertanggung jawaban dokter akibat kelalaian dari aspek yuridis dalam bentuk deskriptif analitis. Adapun kesimpulan, dampak malapraktik dan pertanggung jawaban dokter dari sisi pidana, perdata dan kode etik.

THE LEGAL PROPERTIES OF INDEMNITY AS PREVENTION OF OWNERSHIP AND IMPLEMENTATION OF CONVERSION OF LAND RIGHTS BASED ON LAW NUMBER 5 YEAR 1960 CONCERNING AGRARY BASICS Wita Pemerhati Rasa; Subarsyah; Deden Sumantry
International Journal of Latin Notary Vol 1 No 2 (2021): Internasional Journal of Latin Notary, Vol. 1, No. 2, March 2021
Publisher : Magister Kenotariatan Universitas Pasundan

Many lands have not been registered or have not had a certificate but have been owned by community members with evidence of a land certificate issued by the village head. These unregistered lands are generally found in rural areas where a village head's land certificate only proves land ownership rights. This study questions the concept of the basis for the Indemnity Certificate as the initial evidence of the implementation of the Conversion of SKGR legal status as preliminary evidence of performance and legal protection against the holder of the indemnity certificate in the implementation of the transformation based on Law No. 5 of 1960 concerning the Agrarian Principles. The research method used is descriptive analysis with normative juridical research specifications. Secondary data as primary legal material, the research stage in the form of literature study and field data and data collection techniques used in the form of literature study and to complete data are used field data, data analysis used is in the form of linking legal theory with one statutory regulation with one another. Research Results from the concept of a title in the form of a Compensation Certificate as the initial evidence of the implementation of the Conversion Based on Law No. 5 of 1960 concerning Agrarian Principles, this compensation certificate is made by interested parties, namely the party whose land is compensated and the party giving the loss (the buyer). The concept is quite simple, starting with the head of the local community's testimony, then it is found out by the Village Head that it was confirmed by the and witnesses. Legal Status of Indemnity Certificate as Preliminary Evidence of the implementation of the Conversion based on Law No. 5 of 1960 concerning Agrarian Principles, every holder of a Compensation Certificate is obliged to convert the base of their rights in the land registration system. Preventive legal protection provided to Land Ownership Certificate Holders in good faith, which is regulated in the provisions of Article 32 paragraph (1) and paragraph (2) of Government Regulation Number 24 of 1997 concerning Land Registration which states that: Paragraph (1): certificate is a proof of rights which is valid as a powerful means of burden proof.

Liability Of A Carrier Based On Sea Carriage Document In Indonesia (A Way Forward To E-Document) Maruf, Irma Rachmawati; Subarsyah, T.; Tentowi, Ahmad Ridwan; Sidqy, Valda Zahira
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v19i2.2999

Maritime Document tin Indonesian law refers to the regulations of the Indonesian Commercial Code and International Conventions such as The Hague Rules in 1928 and The Hague Visby Rules of 1968. As an essential document in international trade, the conventions are also very influential. One of the latest conventions is the U.N. Convention on Contract for the International Carriage of Goods Wholly or Partly by Sea, which was signed in Rotterdam in 2009 (Rotterdam Rules). The problem arises when until now Indonesian Government is not a party nor ratified of those Convention and for the e-document Indonesia only apply e-Bill of Lading (e-B/L). The research method is a legal analysis of the key provision of the relevant law upon Maritime Law. The findings indicated that Maritime Documents in Indonesia, are divided into charter agreement and bill of lading agreement. It also find that E-B/L Bill is not suitable in Common nor Civil law jurisdiction.

Legal and governance issues of donations based crowdfunding: an appraisal Nor, Mohd Zakhiri Md; Azhar, Alias; Rachmawati, Irma; Sumadikara, T. Subarsyah; Turmantar, Firman; Sumantry, Deden; Mulyadi, Leni Wini; Santika, Tisni; Septianita, Hesti; Saba, Irum
International Journal of Latin Notary Vol. 4 No. 1 (2023): Internasional Journal of Latin Notary, September 2023
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v4i1.54

Donation-based crowdfunding is now common in many countries in the world. It has been increasingly important, particularly during Covid-19, and is viewed as one of the strategies for addressing financial challenges in some segments of society. Government and non-governmental organizations. However, the scammer activities via crowdfunding are increasing and Malaysian laws are only regulated the Equity Crowdfunding (ECF) and Peer to Peer Financing (P2P) This paper will focus the discussion of Malaysia's legal framework for crowdfunding. The paper investigates the issues surrounding donation-based crowdfunding in Malaysia. This paper employs qualitative methodology and phenomenology as a case design. Data will be gathered from statues, journals, and other written materials. Thematic and content analysis will be used to analyse the data. This paper discovered that there are issues with donation-based crowdfunding conducted by individuals or non-governmental organizations. This paper concludes thatthere is a pressing need to regulate donation-based crowdfunding in Malaysia in order for it to achieve the donor goals and Maqasid Syariah.

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