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Perlindungan Anak Korban Kekerasan Dan Pelecehan Seksual Zhakila Salsabila Rizky Imani Pulubuhu; Lisnawaty W. Badu; Melisa Towadi
Perkara : Jurnal Ilmu Hukum dan Politik Vol 1 No 3 (2023): September : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i3.1375

Abstract

Violence against children in Bonebolango shows a graphic increase which continues to increase every year. As a result, many children who are victims of violence experience deep trauma. Even though the government has revised the Child Protection Act number 23 of 2002 to become the Child Protection Act number 35 of 2014 concerning sanctions for perpetrators of child abuse, in fact it is still not optimal in its implementation against perpetrators of violence. Therefore, this research focuses on efforts to prevent cases of violence against children and the empowerment carried out by the Bonebolago District P2TP2A institution for child victims of violence. This research is categorized as a type of field research using a descriptive qualitative approach. The data sources in this research were counselors at the P2TP2A institution in Malang Regency, which was then carried out using data collection methods in the form of interviews and documentation. Furthermore, data management techniques are carried out by editing, classifying, verifying, analyzing the data. The results of this study indicate, first, the forms of violence that enter the P2TP2A Institute are: a) physical violence; b) psychological violence; c) sexual violence; and d) economic violence. Second, efforts to prevent cases of violence against children carried out by the P2TP2A institution are: a) preventive efforts by conducting counseling outreach; b) educative efforts in the form of scientific activities as well as holding forums on preventing violence and conducting radio broadcasts to provide education about child abuse; c) curative efforts for victims who experience violence by assisting victims in undergoing assistance carried out by counselors; and d) rehabilitative efforts, namely aiming to restore the condition of victims as a result of the violence they experienced, both physically and psychologically and economically. Third, in empowering child victims of violence, the P2TP2A institution prioritizes the psychological condition of the victim first, counselors pay maximum attention to the psychological condition of the victim to be handled and treated as soon as possible to prevent worse psychological symptoms from occurring.
JURIDICAL REVIEW LEGAL PROTECTION ON THE USE OF CUSTOMER DATA BY BRI BANK KC GORONTALO CITY Savira Nurulhaq, Lidwina; Junus, Nirwan; Towadi, Mellisa
Journal Evidence Of Law Vol. 2 No. 2 (2023): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v2i2.275

Abstract

The use of customer data is crucial in the banking world, especially in the increasingly advanced digital era. The purpose of this study is to find out how the scheme of using customer data by banks and how to overcome if there is a data leak. The method used is to use sociological juridical research methods, using descriptive qualitative research approaches and interactive analysis techniques. The results of this study are: Problems arise because the issue of data protection problems and customer information in Indonesia has become a new problem in the banking world. On the other hand, adequate forms of protection for a customer's right to privacy have not been implemented into legal instruments. Similarly, the existence of various laws that have the authority to manage a person's data and information is not given a limit to avoid violations that result in unprotected data and information of a person.
Perlindungan Anak Korban Kekerasan Dan Pelecehan Seksual Zhakila Salsabila Rizky Imani Pulubuhu; Lisnawaty W. Badu; Melisa Towadi
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 1 No. 3 (2023): September : Perkara: Jurnal Ilmu Hukum Dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i3.1375

Abstract

Violence against children in Bonebolango shows a graphic increase which continues to increase every year. As a result, many children who are victims of violence experience deep trauma. Even though the government has revised the Child Protection Act number 23 of 2002 to become the Child Protection Act number 35 of 2014 concerning sanctions for perpetrators of child abuse, in fact it is still not optimal in its implementation against perpetrators of violence. Therefore, this research focuses on efforts to prevent cases of violence against children and the empowerment carried out by the Bonebolago District P2TP2A institution for child victims of violence. This research is categorized as a type of field research using a descriptive qualitative approach. The data sources in this research were counselors at the P2TP2A institution in Malang Regency, which was then carried out using data collection methods in the form of interviews and documentation. Furthermore, data management techniques are carried out by editing, classifying, verifying, analyzing the data. The results of this study indicate, first, the forms of violence that enter the P2TP2A Institute are: a) physical violence; b) psychological violence; c) sexual violence; and d) economic violence. Second, efforts to prevent cases of violence against children carried out by the P2TP2A institution are: a) preventive efforts by conducting counseling outreach; b) educative efforts in the form of scientific activities as well as holding forums on preventing violence and conducting radio broadcasts to provide education about child abuse; c) curative efforts for victims who experience violence by assisting victims in undergoing assistance carried out by counselors; and d) rehabilitative efforts, namely aiming to restore the condition of victims as a result of the violence they experienced, both physically and psychologically and economically. Third, in empowering child victims of violence, the P2TP2A institution prioritizes the psychological condition of the victim first, counselors pay maximum attention to the psychological condition of the victim to be handled and treated as soon as possible to prevent worse psychological symptoms from occurring.
Faktor Penghambat Kantor Urusan Agama Kecamatan Biau Dalam Menanggulangi Masalah Perkawinan Poliandri Di Kabupaten Buol Supratman, Supratman; Kasim, Nur Mohamad; Towadi, Mellisa
Jurnal Ilmu Sosial, Humaniora dan Seni Vol. 1 No. 5 (2023): Maret - April
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/jishs.v1i5.815

Abstract

Polyandry marriage is a form of marriage that is prohibited by Islam. This prohibition has been clearly stated in the Al-Qur'an and also the hadith of the Prophet. The scholars also agreed on its prohibition. This marriage also contradicts Law Number 1 of 1974 and article 40 of the Compilation of Islamic Law. However, in reality, polyandry marriages have occurred in Biau District, Buol Regency. The main problems that will be studied in this thesis research are as follows: The Role of the Biau District Office of Religious Affairs in Overcoming Polyandry Marriage Problems in Buol District. Empirical legal research that combines primary data obtained in the field, especially regarding, with primary data derived from primary legal materials, includes primary, secondary and tertiary data. The results of this study, the first is that polyandry marriages that occur in Biau District, Buol Regency are caused by ignorance of the guardian, also the will of the perpetrator himself, low level of knowledge, and also administrative factors which then make this forbidden marriage able to be registered and obtain a marriage book . And the role of the KUA itself is in conducting counseling and fostering the understanding of the people of Biau District, Buol Regency regarding the good and bad of polyandry marriages.
EVALUASI PENERAPAN ASAS HUKUM PADA PUTUSAN KASUS PEMBUNUHAN NO 129 PID B 2022 PN LBO Panigoro, Putri; Badu, Lisnawaty; Towadi, Mellisa
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 2 (2025): SINERGI : Jurnal Riset Ilmiah, February 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i2.791

Abstract

Kasus pembunuhan yang diatur dalam Pasal 338 KUHP merupakan tindak pidana serius yang melibatkan penghilangan nyawa seseorang secara sengaja. Dalam perkara No.129/Pid.B/2022/PN.LBO, terdapat perbedaan penjatuhan hukuman terhadap tiga terdakwa, di mana dua terdakwa dijatuhi hukuman enam tahun penjara, sementara terdakwa ketiga dibebaskan. Penelitian ini bertujuan untuk menganalisis putusan pengadilan terkait penerapan asas keadilan, kemanfaatan, dan kepastian hukum, serta mengidentifikasi faktor-faktor yang memengaruhi pertimbangan hakim dalam memutus perkara tersebut. Penelitian ini menggunakan metode normatif dengan pendekatan perundang-undangan dan pendekatan kasus. Data diperoleh melalui studi kepustakaan, observasi, dan wawancara dengan panitera pengganti. Hasil penelitian menunjukkan bahwa meskipun unsur-unsur pembunuhan dalam Pasal 338 KUHP telah terpenuhi, hakim menjatuhkan hukuman lebih ringan dengan mempertimbangkan spontanitas tindakan terdakwa. Putusan ini dinilai tidak mencerminkan keadilan substantif bagi korban dan keluarganya karena tidak adanya kompensasi atau perlindungan lain yang diberikan. Selain itu, dampak sosial dan hak-hak korban kurang diperhatikan, sehingga putusan ini cenderung lebih berorientasi pada keadilan retributif. Oleh karena itu, diperlukan evaluasi terhadap penerapan asas-asas hukum dalam sistem peradilan pidana untuk memastikan keadilan yang berimbang bagi semua pihak yang terlibat.
Perlindungan Hukum Bagi Nelayan Dalam Bagi Hasil Tangkap Ikan di Kabupaten Pohuwato : Tinjauan Syarat Sah Perjanjian Abdul Rezal Antukai; Nirwan Junus; Melisa Towadi
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 1 No. 2 (2024): Juni : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v1i2.234

Abstract

This journal discusses the legal requirements for fish catch as the object of a production sharing agreement in Pohuwato Regency. In the context of business cooperation between ship owners and crew members, production sharing agreements have become common practice, although they are often done verbally. This research aims to examine the legal requirements that must be fulfilled by fish catches in order to be the object of a valid production sharing agreement. In this research, normative research methods were used with a legislative approach, a case approach and a conceptual approach. The data used is secondary data obtained through literature study and analysis carried out qualitatively. The research results show that there are four legal conditions that must be fulfilled in an agreement, namely agreement between both parties, ability to carry out the agreement, clear and halal objects, and a form that complies with applicable legal provisions. Apart from that, it was also stated that Law Number 16 of 1964 concerning Fishery Profit Sharing provides an outline of the minimum percentage of profit sharing that must be received by fishermen. However, this research also reveals that the production sharing agreement system in Pohuwato Regency does not always work as it should, especially due to inhibiting factors such as low levels of education. Therefore, the legal protection of fishermen as parties entering into production sharing agreements needs to be improved. In conclusion, to fulfill the legal requirements for fish catch as the object of a production sharing agreement, there needs to be an agreement between both parties, fulfillment of applicable legal requirements, as well as adequate legal protection for fishermen as parties involved in the agreement. Efforts to increase legal understanding and awareness of fishermen's rights need to be made to ensure fairness in the distribution of fish catches in Pohuwato Regency.
Positive Fictional Authority Legislative Ratio in Government Administration Laws and Job Creation Laws Mustapa, Iqbal; Abdussamad, Zamroni; Towadi, Mellisa
Damhil Law Journal Volume 2 Issue 1 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (252.32 KB) | DOI: 10.56591/dlj.v1i1.1726

Abstract

This study aims to determine the causes of the low fulfillment of wife and children's income after divorce and the efforts that can be made to optimize the fulfillment of wife and children's income, especially in divorce cases. The research method used is normative with a case approach (statute approach) and a conceptual approach. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the SEMA which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the SEMA which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the Sema which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation.
The Consequences of Sex Recession in Indonesian Marriage Law Perspective Zakaria, Nursusilawati; Kasim, Nur Mohamad; Towadi, Mellisa
Damhil Law Journal Volume 4 Issue 1 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v4i1.2402

Abstract

This article aims to find out and describe the legal consequences of the sex recession in Indonesia from the perspective of marriage law. The research method used in this study is the normative research method with a literature study approach. The results of this study indicate that marriage recession is a phenomenon and is a necessity in marriage law in Indonesia. When referring to the legal basis of marriage and in the compilation of Islamic law, there is no prohibition on delaying marriage based on the reasons for one's self-development. However, this will impact the legal condition of marriage in Indonesia in the future. Referring to the marriage law and the compilation of Islamic law, the term postponement of marriage is not explicitly mentioned. It is more about preventing marriage. In the Marriage Law, the Prevention of Marriage is regulated in III, which consists of Article 13 to Article 21. Meanwhile, in the compilation of Islamic law, marriage prevention is regulated in Chapter X, divided from Article 60 to Article 69.
Legalitas Retribusi dan Praktik Pungli terhadap UMKM Street Food di Sekitar Kampus Universitas Negeri Gorontalo Sholeh, Muhammad; W. Badu, Lisnawaty; Towadi, Mellisa
YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 3 No. 2 (2025): Juni
Publisher : Cv. Kalimasada Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59966/yudhistira.v3i2.1790

Abstract

The practice of illegal levies against street food UMKM actors in the campus area of ​​Gorontalo State University has become a serious problem because it is carried out without a clear legal basis and is coercive. In fact, the area is not included in the official retribution zone according to the Gorontalo City Regulation, so a legal study and active role of the police are needed to overcome extortion that is detrimental to small business actors. This study aims to examine the regulation of levies and the practice of extortion against Micro, Small, and Medium Enterprises (MSMEs) in the street food model in the Gorontalo State University campus area and to analyze the role of the police in handling these problems. This study uses an empirical method with a normative legal approach. The results of the study show that the Gorontalo State University campus area is not included in the official locations subject to levies based on Gorontalo City Regional Regulation Number 6 of 2020 concerning Business Service Levies, because it is not classified as a place for recreation and sports. However, in practice, MSME actors in the area are subject to levies by parties who do not have legal authority, under the pretext of security and cleanliness. These levies are coercive and are not based on a valid legal basis, thus fulfilling the elements of the crime of extortion as regulated in Article 368 of the Criminal Code. In terms of law enforcement, the Kota Tengah Police as the police in charge in the area have not been able to act actively because there have been no official reports from the public. This shows the weak courage of MSME actors in reporting, which is the main obstacle in eradicating extortion. Therefore, proactive steps are needed from the local government to re-regulate the legal zone of retribution, as well as active involvement of the police in taking a preventive approach to the community in order to prevent and overcome the practice of extortion that is detrimental to small business actors.
THE IMPLEMENTATION OF RESOLUTION 2728 IN UPHOLDING SEVERE HUMAN RIGHTS VIOLATIONS IN PALESTINE Deu, Farhan; Puluhulawa, Mohamad Rusdiyanto U; Towadi, Mellisa; Rivera, Kevin M.
Tirtayasa Journal of International Law Vol 4, No 1 (2025): Vol 4, No 1 (2025): Tirtayasa Journal of International Law Vol. 4 No. 1 Edisi Ju
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v4i1.31245

Abstract

This study aims to analyze the challenges in the implementation of UN Security Council Resolution 2728 in addressing serious human rights violations in Palestine, particularly in Gaza. The focus is to assess the effectiveness of the ceasefire and humanitarian aid access proposed in this resolution and to identify the key obstacles that have hindered its success in reducing violence against Palestinian civilians. Additionally, the study examines the role of the international community, especially the UN Security Council, in ensuring the resolution's implementation and monitoring of human rights violations. This research employs a qualitative approach, using literature analysis and secondary data, including official UN documents, humanitarian reports, and previous studies related to the implementation of Resolution 2728. The findings suggest that while Resolution 2728 provides a legal framework for addressing human rights violations in Palestine, its implementation has been obstructed by political and diplomatic challenges. Issues such as non-compliance with the ceasefire, restricted humanitarian access due to the Gaza blockade, and conflicting interests among UN Security Council member states, particularly the US's support for Israel, have significantly limited the resolution’s impact. Furthermore, the monitoring and accountability mechanisms for human rights violations have not been effectively enforced. This study gives contributions related to how to address political challenges and improve the implementation of Resolution 2728 in protecting human rights in Palestine.