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Mas Anienda Tien
UPN Veteran Jawa Timur
Economics, Econometrics & Finance Education Electrical & Electronics Engineering

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CRIMINAL OFFENSIVE AGAINST CHILDREN DURING THE 2019 CORONAVIRUS DISEASE PANDEMIC (COVID-19) Prajna Sherina Paramita; Mas Anienda Tien
JOSAR (Journal of Students Academic Research) Vol 7 No 2: September 2022
Publisher : Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/josar.v8i2.2430

Abstract

The purpose of the study was to examine what factors caused an increase in cases of child sexual abuse during the COVID-19 pandemic at Polrestabes Surabaya, then to determine the role of the Police in overcoming the crime of child molestation and to find out the efforts that the Police can take against the obstacles that arise. faced due to the COVID-19 pandemic. The research method in this thesis is empirical juridical, data collection in this research is carried out by means of interviews, observations and literature studies. Data analysis used descriptive analytical method and used a qualitative approach. The results of this study showed that the factors that caused the crime of sexual abuse against children continued to increase during the covid-19 pandemic due to government policy factors, economic factors, family factors, but the Police had given the best to children but due to the covid-19 pandemic. There are still obstacles in overcoming the victims of the crime of obscenity, there are three obstacles in overcoming cases of child abuse. The first factor is the lack of supporting evidence or witnesses in a case reported by the victim. Factors Both the victim or the victim's family do not want to make a fuss about the case. The third factor of the perpetrators is unknown. Thus, from these obstacles, there are efforts made by the Police, namely pre-emptive efforts, preventive efforts, and preventive efforts to tackle criminal acts of sexual abuse against children. Keywords: : Crime of Obscenity, Children, Covid – 19
LEGAL PROTECTION OF BASKETBALL ATHLETES IN CONTRACT WITH BASKETBALL CLUB Shafania Afdira; Mas Anienda Tien
JOSAR (Journal of Students Academic Research) Vol 7 No 2: September 2022
Publisher : Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/josar.v8i2.2435

Abstract

Professionally, a basketball athlete will contribute directly either playing or competing on behalf of the basketball club that recruited him. The attachment between the basketball athlete and the basketball club is a logical consequence of a legal relationship between the two parties as stated in the employment contract and other agreements that have been agreed by both parties. Everything can run smoothly if the agreement can heed the legal terms and principles in the agreement correctly, but not infrequently there are problems that arise as a result of the agreement not implementing the legal terms and the agreement correctly, giving rise to rights disputes arising from the actions of one or both parties. parties outside the agreement or the laws that were in force previously and resulted in one of the parties feeling that their rights were not realized. The type of research used was normative. The data was collected by means of library research and interviews. The data analysis method used is qualitative data analysis. The results of this study show how the rights of basketball athletes as workers in a legal relationship with the basketball club that recruited them and what forms of legal protection there are in case of problems. it is necessary to take action that must be considered by the relevant parties and institutions in order to optimize the protection of the rights of basketball athletes.
Criminal Existence of Additional Compensation Money in Recovering State Financial Losses Nadhilah Hakim; Mas Anienda Tien
JOSAR (Journal of Students Academic Research) Vol 7 No 2: September 2022
Publisher : Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/josar.v8i2.2440

Abstract

Corruption can endanger the country's economy, which not only causes losses to the state, but also causes losses to legal entities on a small or large scale. Corruption has a very close relationship with state financial losses, where state finances contain state rights and obligations that can be worth money. In an effort to recover state financial losses, there are regulations regarding additional penalties in the form of replacement money. The imposition of replacement money is proportional to the amount of assets that have been enjoyed from the proceeds of criminal acts of corruption. The additional penalty of substitute money as an instrument of criminal law is expected to restore wealth that should be owned by the state. This study uses a normative juridical method by using a literature study. The results of this study indicate that even though the reimbursement of money has been given, the return of state financial losses cannot be achieved. This is evidenced by the fact that there are convicts who prefer to carry out substitute prisons rather than paying replacement money. This shows that the additional punishment for substitute money is only a formality and has no essence in recovering state financial losses. Thus, it is necessary to have a statutory regulation that specifically regulates additional criminal compensation so that the convict has no other choice but to pay compensation
ENFORCEMENT OF SOCIAL MEDIA PROMOTIONAL SERVICES AGREEMENTS ACCORDING TO INDONESIAN POSITIVE LAW Salsabilah Anton; Mas Anienda Tien
JOSAR (Journal of Students Academic Research) Vol 7 No 1: March 2022
Publisher : Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/josar.v8i1.2467

Abstract

This study aims to determine the validity of the promotional service agreement and to find out the legal remedies for losses on defaults carried out by the influencer in the promotion agreement on social media. This study is a normative legal study type. The data sources in this study used primary legal material, secondary legal materials, and also tertiary legal materials. The results of the study can be concluded that the promotion service agreement (endorsement) is included in an oral agreement formed through social media, and is an anonymous agreement, because the agreement is not regulated in the legislation. The promotional service agreement is valid in accordance with the legal terms of the agreement in the book of civil law article 1320 and is binding both parties. In the agreement, there has been a default by the influencer to the online shop. The form of default that occurs is influencer do not carry out their obligations in promoting a product according to the initial agreement and it is not uncommon for influencer to be late in promoting a product on their social media. Default in the promotional service agreement can ensure that the parties apply good principles in carrying out the agreement, understand the rights and obligation of both parties, and can receive sanction in the agreement, so that both parties can be more responsible. If there has been a default in the promotional service agreement, the appropriate dispute resolution is through alternative dispute resolution in the form of negotiations that can be carried out by both parties. This study aims to determine the validity of the promotional service agreement and to find out the legal remedies for losses on defaults carried out by the influencer in the promotion agreement on social media. This study is a normative legal study type. The data sources in this study used primary legal material, secondary legal materials, and also tertiary legal materials. The results of the study can be concluded that the promotion service agreement (endorsement) is included in an oral agreement formed through social media, and is an anonymous agreement, because the agreement is not regulated in the legislation. The promotional service agreement is valid in accordance with the legal terms of the agreement in the book of civil law article 1320 and is binding both parties. In the agreement, there has been a default by the influencer to the online shop. The form of default that occurs is influencer do not carry out their obligations in promoting a product according to the initial agreement and it is not uncommon for influencer to be late in promoting a product on their social media. Default in the promotional service agreement can ensure that the parties apply good principles in carrying out the agreement, understand the rights and obligation of both parties, and can receive sanction in the agreement, so that both parties can be more responsible. If there has been a default in the promotional service agreement, the appropriate dispute resolution is through alternative dispute resolution in the form of negotiations that can be carried out by both parties.
Co-Authors Nadhilah Hakim Prajna Sherina Paramita Salsabilah Anton Shafania Afdira