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All Journal Ensiklopedia of Journal Unes Law Review Jurnal Jatiswara Community Engagement and Emergence Journal (CEEJ) International Journal of Educational Review, Law And Social Sciences (IJERLAS) Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Journal of Social Research Literacy : International Scientific Journals of Social, Education, Humanities Innovative: Journal Of Social Science Research International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities International Journal of Sustainability in Research (IJSR) Green Social: International Journal of Law and Civil Affairs
Fadlan Fadlan
Batam University
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Physics Public Health Social Sciences Other

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JURIDICAL ANALYSIS OF THE HIGH CRIMINAL ACTIONS OF CHILD ABUSE CASES IN THE FRAMEWORK OF IMPLEMENTING JUSTICE IN INDONESIA AS A LEGAL COUNTRY (CASE STUDY IN ANAMBAS ISLANDS DISTRICT) Syafrudin Semidang Sakti; Fadlan; Erniyanti; Agus Siagian
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 3 (2023): October (October-December)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i3.1247

Abstract

Obscenity is one of the sexual crimes resulting from changes that have occurred in the structure of our society. Sexual abuse is a type of crime that has a very bad impact, especially on the victims, because sexual abuse violates human rights and can damage human dignity, especially the soul, mind and offspring. The victims in these crimes are often children. The increase in criminal acts of sexual abuse committed by children occurred in Anambas Islands Regency in 2020 by 5 cases, then in 2021 there were 6 cases, in 2022 there were 7 cases, and in 2023 there was 1 case. The problems in this research are First; What is the legal regulation of criminal acts of sexual abuse against children in Indonesia?; Second: How is the implementation of the high level of criminal acts of sexual abuse against children in the context of upholding justice in Indonesia as a rule of law (case study in Anambas Islands Regency)?; Third: What factors are obstacles or obstacles and efforts to eradicate the high level of criminal acts of sexual abuse against children in the context of upholding justice in Indonesia as a rule of law? This research uses a descriptive method with normative and sociological research types using a normative approach (legal research) to obtain primary data through field research (research). The research results show that First; The legal regulation of criminal acts of sexual abuse against children in Indonesia is to impose a crime below a special minimum, the judge has deviated from the Child Protection Law which regulates the provisions for minimum sanctions that have been regulated for each special crime; Second; Implementation of the High Crime of Child Abuse Cases in the Context of Upholding Justice in Indonesia as a Rule of Law State (Case Study in Anambas Islands Regency); In accordance with the rules in Article 7 paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. that diversion can only be given to children who have committed a crime with a prison sentence of less than 7 (seven) years and is not a repetition of the crime. Meanwhile, in the case of sexual abuse, perpetrators of criminal acts are subject to imprisonment for a maximum of 15 (fifteen) years, therefore diversion cannot be applied to children who commit criminal acts of sexual abuse. Third: Factors that become Obstacles or Obstacles and Efforts in Eradicating the High Rate of Criminal Offenses Cases of Child Abuse in the Context of Upholding Justice in Indonesia as a State of Law are the presence of factors such as (1) Factors of Legal Rules and Legislation; (2) Factors of Law Enforcement Officials; (3) Supporting Facilities or Facilities Factors; (4) Community Factors; (5) Cultural Factors.
JURIDICAL ANALYSIS OF THE ROLE AND RESPONSIBILITIES OF IMMIGRATION CONTROL ON THE USE OF PASSPORTS FOR INDONESIAN MIGRANT WORKERS (PMI) IN A NONPROCEDURAL BASIS FROM THE PERSPECTIVE OF LEGAL CERTAINTY (RESEARCH STUDY AT THE CLASS I IMMIGRATION OFFICE SPE Ricky Rahmawan; Fadlan; Erniyanti
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 3 (2023): October (October-December)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i3.1306

Abstract

The departure of Indonesian Migrant Workers (PMI) was under the pretext of protecting Indonesian citizens abroad. This is certainly not in line with the constitution, so there needs to be improvements to the procedures for protecting Indonesian Migrant Workers (PMI). The domino effect is that these non-procedural Indonesian Migrant Workers (PMI) will continue to try to leave "like the theory of a squeezed balloon" or illegally via rat routes which will be very dangerous for these Indonesian Migrant Workers (PMI). Based on the research results, it was found that the factors causing the problem were due to the absence of norms (no governing law), there were no clear parameters between Indonesian citizens who were just passing through and Indonesian Migrant Workers (PMI). Then, during the passport interview process, Immigration officers also did not can predict whether a passport that is valid for 10 years will be used for tourism only or for work purposes. Especially in Batam and other border areas, officers will find it difficult to determine which are Illegal Indonesian Migrant Workers (PMI) and which are seasonal workers. For this reason, it is hoped that the inspection system implemented by the Immigration Office will begin with the completeness and authenticity of the documents required in the passport application process, namely verifying the authenticity of the data provided whether it is as requested or not, so that the role of immigration in combating transnational crime is very important. large and strategic, this is related to its duties and functions as a gatekeeper to Indonesian territory, regarding the flow of traffic entering Indonesia, immigration implements a selective policy (selective policy).
JURIDICAL ANALYSIS OF CRIMINAL ASPECTS IN AGREEMENTS FOR THE TRANSPORTATION OF GOODS AND SERVICES USING SEA SHIPS Erdi Steven Manurung; Parameshwara; Soerya Respationo; Erniyanti; Fadlan
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 4 (2024): January (January-March)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i4.1346

Abstract

There are 3 (three) principles of carrier responsibility in transportation law, namely the first is the principle of responsibility based on fault (fault of liability), the second is the principle of responsibility based on presumption of liability, and the third is the principle of absolute responsibility. The carrier's responsibilities in the transportation law mentioned above apply to responsibilities that apply nationally and internationally. For all losses that may occur, the owner of the property that suffers loss can reduce or mitigate the loss, and the loss can even be borne by someone else as long as this is agreed upon in advance. An agreement that occurs between those who own goods because they are worried that they will suffer losses as a result of carrying out transportation due to the threat of danger at sea and those who are willing to bear the loss is called a (marine) insurance agreement. Based on the research results, it was found that Law no. 17 of 2008 concerning Shipping, what is meant by ship's seaworthiness in this Law is the condition of the ship that meets ship safety requirements, prevention of water pollution from ships, manning, loading lines, loading, welfare of the crew and health of passengers, legal status of the ship, management safety and prevention of pollution from ships, and safety management of ships for sailing in certain waters. Provisions regarding criminal acts in the field of shipping, contained in articles 284, up to article 336, Law No. 17 of 2008 concerning Shipping, which are used to facilitate understanding are divided into 2 (two) categories or sections, namely: Based on the Subject of the perpetrator and based on Responsibility criminal.
JURIDICAL ANALYSIS OF HANDLING VICTIMS OF NARCOTICS ABUSE THROUGH REHABILITATION IN A LAW ENFORCEMENT PERSPECTIVE (RESEARCH STUDY AT THE NATIONAL NARCOTICS AGENCY RIAU ISLANDS PROVINCE) Faozatulo Sadawa; Fadlan; Soerya Respationo; Erniyanti
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 4 (2024): January (January-March)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i4.1348

Abstract

The practice of rehabilitation for narcotics abusers is still not in accordance with existing laws and regulations, namely that existing regulations are supposed to rehabilitate users who abuse narcotics, but this provision is never implemented, more perpetrators/victims are convicted than rehabilitated. Bearing in mind that Articles 56, 57, 58, 59 concerning Narcotics require that narcotics addicts and victims of narcotics abuse must undergo medical rehabilitation and social rehabilitation, so that narcotics abusers do not experience narcotics addiction again, both mentally and socially. The results of the research found that the Riu Islands Province National Narcotics Agency (BNN) carried out rehabilitation efforts according to applicable regulations, namely that there were still many addicts who refused to be isolated in a rehabilitation center. This happens because most narcotics addicts consider life in rehabilitation to be suffering for those who are still in the addiction stage, especially when going through a state of withdrawal. It turns out that the addict has experienced a semi-insane condition (dual diagnosis) or has experienced a serious illness that requires special medical treatment.
Legal Dilemma of Interfaith Marriage: A Study on Regulation and Implementation in Indonesia Prameswari Annisa Putri; Siska Septiria Nosari; Fadlan Fadlan
Green Social: International Journal of Law and Civil Affairs Vol. 1 No. 4 (2024): International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v1i4.59

Abstract

This study examines the complex legal framework surrounding interfaith marriages in Indonesia, focusing on the intersection of religious law, civil law, and cultural practices. Through analysis of existing regulations, court decisions, and implementation practices, the research investigates the challenges faced by couples seeking interfaith marriages within Indonesia's pluralistic legal system. The study employs a qualitative methodology, combining doctrinal legal research with empirical data collected through case studies and interviews with legal practitioners, religious authorities, and couples who have navigated the interfaith marriage process. Findings reveal significant disparities between formal regulations and practical implementation, highlighting how legal ambiguities and administrative barriers often lead couples to seek alternative solutions, including overseas marriages or religious conversion. The research demonstrates that while Indonesia's constitution guarantees freedom of religion and the right to marry, the practical implementation of interfaith marriage regulations remains problematic due to conflicting interpretations of religious and civil law. The study concludes that current regulatory frameworks inadequately address the contemporary realities of Indonesia's diverse society, suggesting the need for legal reform that better balances religious principles with citizens' constitutional rights.
Co-Authors Agus Siagian Andri Gotama Angelina E. Rumengan Arrofik Arrofik Ayuniawati Ayuniawati Christiani Prasetiasari Christiani Prasetyasari Dahlan Dahlan Dahlan Dahlan Darwis Anatami Erdi Steven Manurung Erlys Erlys Erniyanti Erniyanti Etty Sri Wahyuni Faozatulo Sadawa Fernando Chandra Fitra Azli Henry Aspan Idham Idham Ika Indriyani Jerry Satriawan Juhrin Pasaribu Jurhan Panangian Siallagan Lagat Parroha Patar Siadari Lagat Parroha Patar Siadari Lagat Parroha Patar Siadari Lagat Siadari Parohha Laily Washliaty Nina Firda Amalia Oyong Wahyudi Parameshwara Prameswari Annisa Putri Putra, Randi Rian Ramadhan, Faris Ramlan Ramlan Ramon Nofrial Ricky Rahmawan Rizky Pratama Roni Syaputra Rosilia Eka Fitriana Ryan Istiyanto Siska Septiria Nosari Soerya Respationo Soerya Respationo Soerya Respationo Soerya Respationo Soerya Respationo Soerya Respationo Soeryo Respatino Soeryo Respationo Sri Wahyuni Syafrudin Semidang Sakti Titising Indah Wijayanti Tivonli Kirtan Tri Yani Joy Duha