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Legal Analysis of Criminal Child with Mental Retardation (Study of Rantauprapat State Court Decision No. 18/PID.SUS/ANAK/2016/PN-RAP) Irsyam Risdawati; Marice Simarmata; Muhammad Juang Rambe; T. Riza Zarzani; Iwan Rohman Harahap
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 5, No 1 (2022): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i1.4263

Abstract

The perpetrators of criminal acts today are not only dominated by adults, but children also have a great potential to commit criminal acts, even children who are abnormal or mentally retarded can commit crimes as known in the Rantauprapat District Court Decision Number: 18/Pid.Sus-Child. /2016/PN-Rap. This research was conducted normatively by discussing doctrines or principles as well as legal synchronization using the approach to legislation. This means that the principles and synchronization of law are used as benchmarks to provide an assessment of the judge's considerations on the sentencing of children with mental retardation in the Rantauprapat District Court Decision Number: 18/Pid.Sus-Anak/2016/PN-Rap. In Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, it is very possible to apply non-penal policies through diversionary restorative justice instruments but this is not done, the judge's policy in providing legal protection to children with mental retardation is carried out through penal policies in the form of criminal imprisonment for 2 (two) years and 7 (seven) months and a fine of Rp. 100,000,000, - (one hundred million rupiah), provided that if the fine is not paid, it will be replaced with work training for 3 (three) months.
SHIFT IN LEGAL PARADIGM FROM DECENTRALIZATION TO CENTRALIZATION IN THE MANAGEMENT OF NATURAL RESOURCES FOLLOWING THE OMNIBUS LAW ON JOB CREATION Muhammad Juang Rambe; Wahyu Indah Sari; Danioko S. Sembiring
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.60

Abstract

The implementation of regional autonomy in Indonesia has undergone significant dynamics, particularly concerning changes in the distribution of authority between the central and regional governments. This reflects fluctuations in authority between the central and regional governments influenced by Indonesia's socio-political needs and context. During various periods, Indonesia has experienced shifts in authority, clearly evident in the Omnibus Law on Job Creation policy, which reinforces centralization in the management of vital sectors such as environmental protection, water resources, and electricity. This study employs a descriptive qualitative approach with case studies to examine the impact of this shift in authority, specifically in natural resource management following the enactment of the Omnibus Law. The research findings indicate that the Omnibus Law on Job Creation strengthens the centralization of authority within the central government, reduces the role of regional governments in natural resource management, and introduces stricter and more structured regulations, although there remains room for regions to tailor policies to local conditions. This shift affects the management of natural resources and oversight by the central government, which focuses on sustainable development and administrative efficiency. Therefore, the design of central-regional relations and the fiscal decentralization scheme must be adapted to existing needs and conditions to achieve ecological balance and sustainable social justice.
THE IMPACT OF FOREIGN WORKER RESTRICTIONS ON FOREIGN DIRECT INVESTMENT (FDI) REALIZATION IN INDONESIA Dahlan; Henry Aspan; Etty Sri Wahyuni; Muhammad Juang Rambe
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 7 No. 2 (2025): 10th IHERT (2025): IHERT (2025) SECOND ISSUE: International Conference on Healt
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v7i2.507

Abstract

Indonesia has experienced significant growth in foreign direct investment (FDI) inflows, reaching USD 47.5 billion in 2023 and exceeding the target of IDR 1,714 trillion in 2024. However, strict foreign worker regulations potentially affect the investment decisions of multinational companies. This research aims to analyze the impact of foreign worker restrictions on FDI realization in Indonesia with a case study in North Sumatra Province. The research method uses a qualitative approach with regulatory analysis and secondary data. The results show that although foreign worker restrictions through Government Regulation Number 34 of 2021 and Minister of Manpower Regulation Number 8 of 2021 aim to protect local workers and encourage technology transfer, these policies create trade-offs against Indonesia's investment attractiveness. Requirements such as mandatory local counterparts, Foreign Worker Utilization Compensation Fund (DKPTKA), and position restrictions create additional costs for investors. The Omnibus Law on Job Creation has simplified licensing procedures, but implementation challenges remain, particularly in regions like North Sumatra. The research recommends a balance between local workforce protection and investment facilitation through more flexible sector-based regulatory reforms.