Basuki Kurniawan
UIN Kiai Haji Achmad Siddiq Jember

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PENYELESAIAN DISHARMONI PERATURAN PERUNDANG-UNDANGAN MELALUI JALUR MEDIASI Basuki Kurniawan; Nita Ryan Purbosari
Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 14 No. 1 (2022): Juni
Publisher : Universitas Islam Negeri (UIN) Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/alihkam.v14i1.4734

Abstract

The conflict of norms or disharmony the rules in Indonesia is a legal problem often happen. This case is because some rules from the substance overlap betwen the rules. The Dispute of Disharmony the rules  with mediation is a perfect way from The Rule of Ministry of Law and Human Right Number 32 Year 2017 about  Procedures of dipute solving the rules with Non Litigation . With the purpose to create harmonization  the rules with mediation for product of law. This concept is born from  a problem  whereas many overlap regulation and the implication is created irregularity  law in a society. So that reducing  the existation of law as a the intergration to create harmony and compatibility  as a way to fullfill interest of the people. The implication of mediation  to solve the dishamony of rules as be setted by  Pemermenkum 2/2019 can be seen on pressing the count of rules  have conflict (ambivalensi) and be able to reducing  count of the application of judicial review will submit to Supreme Law.
IMPLEMENTASI PEMENUHAN HAK PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN PEMERKOSAAN Wike Wahyu Trisnawati; Basuki Kurniawan
Muadalah : Jurnal Hukum Vol 3 No 1 (2023): Muadalah : Jurnal Hukum
Publisher : Prodi Akhwal Syahsiyyah IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/muadalah.v3i1.701

Abstract

The phenomenon of sexual crimes that occur in minors is a very serious crime that is being faced by the State of Indonesia. In Indonesia it is very common for children to become victims of immoral and uncivilized acts. The government issued Government Regulation Number 44 of 2008 concerning Compensation, Restitution and Assistance to Witnesses and Victims, and contained in Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims. The government through the regulation explains that this problem is the government's responsibility to provide protection and fulfill the rights needed by rape victims.