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All Journal Substantive Justice International Journal of Law Ensiklopedia of Journal University Of Bengkulu Law Journal Jurnal Hukum dan Peradilan
Pipi Susanti
Universitas Bengkulu
Arts Humanities Computer Science & IT Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Government Responsibility for The Fulfillment Basic Rights of Unprosperous people In Education Sector Pipi Susanti; Rafiqa Sari
Susbtantive Justice International Journal of Law Vol 4 No 1 (2021): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/substantivejustice.v4i1.106

Abstract

In fact, there are still many people living in poverty where they cannot fulfil their basic needs, be it food or clothing, there are still many children who drop out of school which causes ignorance. Education is one of the things that can change a family to be prosperous, therefore the government is obliged to fulfil this right. The problem in this paper is what form of government responsibility to fulfil the basic rights of the unprosperous people in education? The writing method used is normative with more emphasis on positive legal norms in the form of statutory regulations. The result of the discussion of this writing is that education is the basic right of the unprosperous people fulfilled by the government. In carrying out its responsibilities, the government fulfils the basic rights of the unprosperous people in several programs. Education which is the basic right of the unprosperous people is provided by the social service through PKH, while the Education Office provides these rights through (PIP) As stated in Article 31 of the 1945 Constitution, the community is required to get an education and the government is responsible for this, with some Indonesian program has fulfilled the rights of the unprosperous people in education.
PENERAPAN DIVERSI DALAM PENYELESAIAN PERKARA ANAK SEBAGAI UPAYA MENGURANGI BEBAN KERJA SISTEM PERADILAN PIDANA DI WILAYAH HUKUM POLRES BENGKULU Benget Hasudungan Simatupang; Sudirman Sitepu; Pipi Susanti
Ensiklopedia of Journal Vol 5, No 3 (2022): Volume 5 No. 1 Edisi 3 Desember 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (189.479 KB) | DOI: 10.33559/eoj.v5i3.1679

Abstract

The treatment of children as perpetrators of criminal acts should be in accordance with the Convention on the Rights of the Child as ratified by the government of the Republic of Indonesia with Presidential Decree Number 36 of 1990 concerning ratification of the Convention on the Rights of the Child (Convention concerning the Rights of the Child) which strictly regulates the rights of children who have problems and are related to criminal justice. The objectives and rationale of juvenile justice clearly cannot be separated from its main objective, namely to realize child welfare which is basically an integral part of social welfare. . Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System regulates Restorative Justice and Diversion with the mission to avoid and keep children away from the judicial process so as to avoid stigmatization of children who are in conflict with the law and it is hoped that children can return to the social environment as a whole. reasonable. This research is an empirical normative research that uses primary data, namely interviews and secondary data consisting of primary, secondary and tertiary legal materials. Methods of data collection through literature and interviews, while the data collection tool uses interview guidelines. From the results of the research it is known that cases of children who are dealing with the law must be tried at the Juvenile Court which is within the general court environment. The process of court cases for children since they are arrested, detained and tried, their guidance must be carried out by special officials who understand children's problems. However, before entering the judicial process, law enforcers, families and the community are required to seek a settlement process outside the court line, namely through Diversion based on a Restorative Justice approach at the investigation stage at the Police. There are several obstacles faced by investigators in implementing diversion, including victims or victims' families who still have a paradigm of retaliation against perpetrators so that perpetrators are deterred, legal awareness is still low and it is difficult to bring parties together in a meeting so that a diversion agreement is reached.Keywords: Juvenile Case, Diversion, Criminal Justice System.
HAK RESTITUSI BAGI ANAK YANG MENJADI KORBAN TINDAK PIDANA KEKERASAN SEKSUAL Benget Hasudungan Simatupang; Clarita William; Sudirman Sitepu; Pipi Susanti
University Of Bengkulu Law Journal Vol. 8 No. 1 (2023): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.8.1.68-78

Abstract

Restitution arrangements are still lacking in terms of fulfilling the rights of victims of criminal acts. It is necessary to study the application for the right of restitution given to children as victims of criminal acts of violence and the legal consequences of restitution not being paid by the perpetrators. This study uses a type of normative research. The collection of legal materials was carried out using literature study techniques and analyzed using descriptive analysis. Government Regulation Number 43 of 2017 does not regulate coercion if the perpetrator is unable to carry out restitution, so there is no guarantee that restitution can be paid to a child as a victim of a crime. Therefore, this causes no certainty for children who are victims of criminal acts to receive restitution and imposition of sanctions against perpetrators of criminal acts who do not pay restitution in accordance with court decisions that have permanent legal force. Restitution in Law Number 12 of 2022 concerning Crimes of Sexual Violence emphasizes that in the event that the confiscated assets of the convict are not sufficient to pay restitution, the convict will be subject to a replacement prison sentence which does not exceed the threat of the principal sentence. The state then provides victim compensation.
Freedom Of Religion And Belief Under Supreme Court Verdict Study Case On Supreme Court Decision Number 17/P/HUM/2021 Zainal Amin Ayub; Ari Wirya Dinata; Nur Sulistyo Budi Ambarini; Pipi Susanti; Arie Elcaputera
Jurnal Hukum dan Peradilan Vol 12, No 1 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.1-28

Abstract

Freedom of religion or belief (FoRB) is one of the human rights stated in the 1945 Constitution. Article 29 paragraphs (1) and (2) of the 1945 Constitution. The recognition of religion guarantees the independence of each of its inhabitants to embrace their respective religions and to worship according to their religion or beliefs. The state guarantee on FoRB consists of assurance for the internal and external forums. Freedom to embrace religion or belief is an internal forum for everyone, an absolute right as regulated in ICCPR that Indonesia has also ratified. In fact, this provision is also regulated in Article 28 I paragraph (1) of the 1945 Constitution. The fulfillment of the right to FoRB is frequently discriminated against in Indonesia. The  issue of forcing to wear school uniforms with hijab for non-Muslim female students is still common in many public schools in Indonesia. The State has issued a joint decree (SKB) of 3 ministers to normalize the discriminatory status quo. However, the attempt to return it to its normal position was thwarted by the LKMM, which carried out the SKB test. Unfortunately, the Supreme Court (SC) canceled the SKB because schools have the right to carry out religious education and instilled values. The judges ratio decidendi made by the SC Justices were very dry from the perspective of freedom of religion or belief in canceling the 3 Ministerial Decrees. The judge saw the issue of forcing to wear hijab on non-Muslim students from the perspective of the majority religious thought without noticing that Indonesian society is very diverse. Therefore, the protection of the right to FoRB should also safeguard the religious minorities rights. This paper will examine decision made by judiciary power in term protecting the FoRB right. This verdict will be reviewing toward to justice consideration (ratio decedendi) and legal archicteture in filling the norm FoRB. Moreover, it will also appraise to judicial behavior based on breakfasting theory.
Co-Authors Ari Wirya Dinata Arie Elcaputera Benget Hasudungan Simatupang Clarita William Nur Sulistyo Budi Ambarini rafiqa sari Sudirman SItepu Zainal Amin Ayub