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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 : 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-Faktor Penyebab Terjadinya Pidana Penganiayaan Terhadap Pengemudi Ojek Online di Gorontalo Farhan Hiola; Lisnawaty W. Badu; Julius T. Mandjo
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.v1i3.1385

Abstract

This study aims to analyze the factors that cause criminal persecution of online motorcycle taxi drivers in Gorontalo. The research method used is empirical juridical research which aims to analyze the problem by combining legal materials (which are secondary data) with primary data obtained in the field. The application of criminal sanctions against acts of persecution against online motorcycle taxi drivers in Gorontalo is not running as it should. The existence of leniency towards law enforcement is certainly a problem that needs to be a common concern, especially in terms of its resolution, if you look at the reality that occurs, the cases that occur in its application should be categorized as premeditated persecution with article 353 of the Criminal Code, and other cases can be categorized as light persecution article 351 of the Criminal Code. However, in reality the application of criminal sanctions against these cases is not in accordance with the provisions in the Law, in this case the Criminal Code. In addition, the factors causing the persecution of online ojek are jealousy, violation of the green zone, scramble for passengers, envy, service, and customer dissatisfaction.
Penerapan Undang-undang Nomor 32 Tahun 2009 Pasal 109 Tentang Perlindungan Dan Pengelolaan Lingkungan Hidup Bara Firmansyah; Fenty Puluhulawa; Lisnawaty W. Badu
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : 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.v2i1.1672

Abstract

This research aims to determine the effectiveness of ownership of operational permits for wastewater disposal installations as factors inhibiting this effectiveness in the Randangan District Health Center. This research is a sociological or empirical study, with the aim of presenting as complete data as possible regarding the effectiveness of permit ownership for Community Health Centers in Randangan District, as stated in Law Number 32 of 2009. The types of data used include primary data and secondary data, and the data collection techniques used are field research and literature study. Based on the research in the results of the discussion, conclusions are drawn; Firstly, the Motolohu Community Health Center in Randangan District has been operating an IPAL since 2017 but until 2023 it has not received a permit from the Pohuwato Regency Environmental Service, even though according to the regulations, IPALs that have been operated must have a permit. Second, factors that hinder effectiveness include legal factors, law enforcement factors, legal advice and facilities, and community factors.
Kedudukan Suntik Mati Terhadap Terpidana Mati Dari Perspektif Hak Asasi Manusia Rafliansyah Manti; Lisnawaty W. Badu; Jufryanto Puluhulawa
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : 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.v2i1.1704

Abstract

The aim of this research is to legally analyze the procedures for implementing the death penalty in Indonesia from a human rights perspective. Apart from that, it discusses the type of execution of the death penalty by injection by considering the method of carrying out the death penalty against the perception of justice and humanity. The type of research used by researchers in preparing this research based on the phenomenon being studied is juridical research or normative legal research. The method used uses 2 types of approaches, namely using a statutory approach or what can be called a Statue Approach and a Conceptual Approach.The results of the research show that the existence of the death penalty, which is a very frightening type of crime, raises pros and cons in society, so that the electability of the death penalty is debated to this day. However, it is not only about the existence of the death penalty but the implementation/method used in the execution of death row convicts, carried out by being shot to death, is regulated in Law No/2 Presidential Decree of 1964 concerning procedures for carrying out the death penalty which is considered to be torturous and it looks very cruel, in contrast to countries that have implemented executions using lethal injection which is considered an easier method. This is based on the purpose of euthanasia (lethal injection), namely a way to end a person's life in a peaceful and painless way.
Penyalahgunaan Narkoba Di Kabupaten Pohuwato Ditinjau Dari Periskop Kriminologi Ni Wayan Erlianti; Lisnawaty W. Badu; Jufryanto Puluhulawa
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.v1i2.235

Abstract

The research discusses the factors causing drug abuse cases and their countermeasures in Pohuwato Regency. The method used in the research is empirical with qualitative descriptive data analysis that describes and describes reality data in the field. Based on the results of the study, that the factors that cause drug abuse cases in Pohuwato Regency are internally derived from within a person. Where the inability to adjust and weak self-confidence so that the perpetrator is unable to control the desire to try and have experience with drugs that are expected to overcome the mental pressure he experiences. The pressure in question comes from family circumstances that are less supportive (not harmonious) and indifferent to one's self-development. In addition, there are external factors, namely the promiscuity of the perpetrator, social and work environment factors, economic problems and easy access for the perpetrator. Police Countermeasures against Drug Crimes in Pohuwato Regency are carried out by conducting Early Prevention or Pre-emtif efforts by conducting searches regarding the causes or drivers, to the opportunities for the use of these illegal drugs. Early prevention is carried out through education that aims to create awareness and vigilance, by distributing banners and advertising banners and invitations not to use drugs in agencies and public service places including in the school environment. Preventive efforts with socialization and counseling, supervision of narcotics trafficking traffic both at the port and land which is the entry point for migrants in Pohuwato district. In addition, this supervision is also carried out routinely in places where transactions are usually held, for example nightclubs and locations where teenagers usually gather, and conduct operations or patrols or raids. Repressive efforts as the last step to take firm action against the perpetrator by imposing sanctions, as well as the implementation of rehabilitation involving various elements.
Penyalahgunaan Kewenangan Oleh Aparat Desa Ditinjau Dari Aspek Pidana: (Putusan Pn Gorontalo Nomor 1/Pid.Sus-Tpk/2020/Pn Gto) Sri Winda Latif; Lisnawaty w Badu; Ahmad Ahmad
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.v1i2.236

Abstract

This research is intended to: (1) find out how the review of the imposition of criminal sanctions for abuse of authority by village officials is based on the Gorontalo District Court Decision Number 1/Pid.Sus TPK/2020/PN Gto, and (2) find out what factors influence the imposition of crimes on Gorontalo District Court Decision Number 1/Pid.Sus-TPK/2020/PN Gto. This research uses a type of normative legal research that uses legal norms, including statutory regulations, doctrine, and judge's decisions as a foundation for providing arguments. The approach models used are the statutory approach, case approach and conceptual approach. The research results show: first decision no. 1/Pid.Sus TPK/2020/PN Gto, is not completely correct because prison sentences tend to be low and do not comply with legal principles and harm the sense of justice in society. Apart from that, the implications of the judge's decision in decision no. 1/Pid.Sus TPK/2020/PN Gto, if examined from the perspective of the principles of justice, expediency and legal certainty, these principles have not been fully implemented because it can be seen from the low number of judges' sentences against defendants. Second, the factors influencing the imposition of criminal sanctions in case no. 1/Pid.Sus TPK/2020/PN Gto, it was the absence of aggravating reasons applied by the panel of judges, and the public's perception or opinion of the defendant not being considered, which resulted in the sanction imposed being only 3 (three) years in prison.
Protection and Punishment of Domestic Violence Victims by the Gorontalo City Resort Police Department Sifat, Ditasya Amalia R.; W. Badu, Lisnawaty; Mandjo, Julius T.
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.28868

Abstract

The purpose of this study is to analyze the legal protection provided by Gorontalo City Resort Police to victims of domestic violence (KDRT) and evaluate the extent to which the protection is in accordance with applicable legal provisions. Based on the study of the implementation of legal protection, there is a discrepancy between the policy stipulated in Law No. 23/2004 on the Elimination of Domestic Violence and the practice in the field. This research uses a qualitative approach with the method of interviewing the local police and analyzing the data obtained. The results showed that the protection provided by the police was limited to the trial process, without any further assistance for victims, especially in post-incident trauma recovery. The main factor inhibiting further assistance is the limited budget owned by the police. Therefore, this study suggests the need for synergy between the police, social services, protection agencies, and other related parties to provide more comprehensive protection to victims of domestic violence, as well as strengthen the implementation of police duties in protecting the community
The Influence of Digitalization in Encouraging Crime: A Criminological Perspective Balqis, Ainun Agustina Atiqah; W. Badu, Lisnawaty
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.27964

Abstract

Digitalization has a significant impact on the increase in crime, especially through the phenomenon of criminal imitation models spread on the internet. This research aims to analyze the influence of digitalization on crime from a criminological point of view. The methodology used is a qualitative approach with a descriptive design and normative data collection techniques. The results showed that the development of digitalization triggered an increase in imitative criminal behavior, as shown by police data indicating an upward trend in crime in the last five years. Social media, especially TikTok, is the main platform for disseminating content that encourages imitation of criminal acts. These findings confirm the importance of strengthening regulations and prevention strategies to mitigate the negative impact of digitalization on criminal behavior
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 Legal Standing and Regulation of Legal Counsel for Members of the Indonesian National Police Rasyid, Rahmat Eka Putra; W. Badu, Lisnawaty; Apripari, Apripari
Estudiante Law Journal VOL. 7 No. 2 JUNE 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i2.31652

Abstract

This article aims to analyze the regulation of legal counsel within the profession of the Indonesian National Police (Polri), as well as to examine the legal basis that enables Polri to provide legal assistance. This study adopts a normative legal research method, utilizing statutory and conceptual approaches. Legal materials were collected through document studies and analyzed prescriptively. The findings indicate that the role of legal counsel in Indonesia is generally governed by Law Number 18 of 2003 concerning Advocates and Article 1 paragraph (13) of the Indonesian Criminal Procedure Code (KUHAP). However, Polri also has its own internal regulations regarding legal counsel, particularly Regulation of the Chief of the Indonesian National Police Number 2 of 2017 on the Procedures for Providing Legal Assistance by Polri, especially Article 1 paragraph (6) and Article 5 paragraph (2). This regulatory framework raises juridical issues as it is not fully aligned with the provisions of the Advocates Law, particularly Article 3 paragraph (1) letter c, which stipulates that only licensed advocates have the right to provide legal services. Therefore, a legal review of conflicting norms is necessary to ensure legal certainty and to prevent overlapping authority between the advocate profession and legal counsel within Polri.