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Erry Gusman
Fakultas Hukum, Universitas Muhammadiyah Sumatera Barat
Arts Humanities Computer Science & IT Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS PERTIMBANGAN HAKIM DALAM TINDAK PIDANA PEMBUNUHAN TERHADAP ANAK PADA PERKARA NOMOR 56/Pid.B/2019/PN.LB Novia Astuti; Erry Gusman; Riki Zulfiko
Ensiklopedia of Journal Vol 6, No 1 (2023): Vol. 6 No. 1 Edisi 1 Oktober 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i1.1925

Abstract

Abstract: Child is someone who is not yet 18 years old, including children who are still in the womb. Children are dignity as whole human beings, children as shoots, potentials and young generations to succeed the nation's ideals have a strategic role and have special characteristics and characteristics that guarantee the continuity of the extension of the nation and state in the future so that every child will be able to assume this responsibility, it is necessary get the widest possible opportunity for the body and develop optimally both physically and mentally and socially. Protection of children in a nation's society is a measure of the nation's civilization, therefore it must be endeavored according to the capabilities of the nation and the nation. Therefore, there is a need for legal guarantees for child protection activities. Legal certainty needs to be sought for the sake of continuing child protection activities and preventing abuses that bring unwanted negative consequences in the implementation of child protection activities. Not infrequently children become victims of crime, one of which becomes a victim of murder. This shows the weak position of the child when experiencing self-defense and the child being very vulnerable to violence so that it can take the child's life which is carried out by those around him. The purpose of this study is to find out and understand how the judge considers the crime of killing a child in case number 56/Pid.B/2019/PN Lb and the application of sanctions to the perpetrators of the crime of murdering children in case number 56/Pid.B /2019/PN Lb. The method used is the normative legal research method where this method is a legal research method that is only shown in written regulations so that this research is very closely related to the library because it will require library data.Keywords: Judgment considerations, Murder, towards children.
PELAKSANAAN PEMBERIAN RESTITUSI TERHADAP ANAK KORBAN PENCABULAN DI PENGADILAN NEGERI BUKITTINGGI Ihsan Kamil; Erry Gusman; Yenny Fitri Z
Ensiklopedia of Journal Vol 6, No 1 (2023): Vol. 6 No. 1 Edisi 1 Oktober 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i1.1921

Abstract

Being a victim of sexual abuse is something that no one ever wants because it is a very inhumane act, including the category of human rights violations that should receive legal protection and freedom in all fields. From a regulatory point of view, punishment for perpetrators has been regulated in law and for victims there is a need for protection. One form of legal protection for child victims of criminal acts of obscenity is to get restitution. Restitution or compensation is a fee paid by someone because of a loss suffered by another person economically. The purpose of this study is to find out how the implementation of the granting of Restitution to child victims of sexual abuse, the type of research used is empirical legal research, because empirical legal research looks at law in a real sense and examines the law in society and how the law relates to society. It can also be said that empirical research is taken from facts that exist in a society, legal entity or government agency. The data processing technique used in this study was carried out through stages, including data checking techniques, data tagging, or data systematization.
PEMBERHENTIAN HAKIM MAHKAMAH KONSTITUSI OLEH DEWAN PERWAKILAN RAKYAT DITINJAU DARI SISTEM KETATANEGARAAN INDONESIA Aura Silvanie; Erry Gusman; Nessa Fajriyana Farda
Ensiklopedia of Journal Vol 6, No 1 (2023): Vol. 6 No. 1 Edisi 1 Oktober 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i1.1916

Abstract

Abstract: The purpose of this research is to find out the constitutionality of dismissal of Constitutional Court judges by the House of Representatives. This research is a type of juridical normative legal research that uses an approach to legislation. The results of the study explain that the steps of the House of Representatives towards the Constitutional Court increasingly show an attitude of authoritarianism and legal defiance, because the actions is contradict the provisions of Article 24 paragraph (1) of the 1945 Constitution (1945 Constitution) which guarantees the existence of independent judicial power institutions. Also the actions taken outside the provisions of the norms of Article 23 of law number 24  of 2003 concerning the Constitutional Court Law. This action is not in line with the rule of law in Indonesia and has a potential  to  damage  and  disrupt  judicial  power  as  the  main stronghold of the rule of law.Keywords: Dismissal Judge, Constitutional Court, House of Representatives 
PELAKSANAN SANKSI PIDANA ADAT MINANGKABAU DI NAGARI KOTO TINGGI KECAMATAN BASO KABUPATEN AGAM Febby Febby; Erry Gusman; Syaiful Munandar
Ensiklopedia of Journal Vol 6, No 1 (2023): Vol. 6 No. 1 Edisi 1 Oktober 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i1.1918

Abstract

Minangkabau customary law also recognizes the existence of customary criminal law. Customary criminal law (material) in Minangkabau is called the nan salapan law while the customary (formal) procedural law is called the nan duo puluah law. Nagari Koto Tinggi, Agam Regency, which is a part of the Unitary State of the Republic of Indonesia, besides being subject to If there is a criminal case, the Minangkabau customary criminal provisions are still in force. The purpose of this research is to find out the forms of offenses that have been imposed, the process of resolving the imposition of sanctions on perpetrators and obstacles and solutions made to overcome obstacles in imposing customary criminal sanctions. in Kenagarian Koto Tinggi District of Baso in the implementation of Minangkabau customary sanctions. The results of the research found that in Nagari Koto Tinggi the forms of customary offenses that had occurred were in the form of dago dagi, false discord, theft and same-ethnic marriage. Customary offense cases are resolved by the Adat Peace Council which has 9 judges who have no relation to the perpetrators. The only obstacle in imposing sanctions is in cases of wrongdoing. Criminal sanctions such as those that occurred in Nagari Koto Tinggi need to be maintained if it is necessary to expand the provision of these sanctions to nephews' children who commit other crimes such as corruption, because corruption is a crime of "stealing" according to customary law.
TRANSFORMASI DANA BERGULIR MASYARAKAT EKS PNPM MENJADI BADAN USAHA MILIK DESA BERSAMA (BUMDESMA) MENURUT PERATURAN PEMERINTAH NOMOR 11 TAHUN 2021 Rino Setiady; Wendra Yunaldi; Erry Gusman
Ensiklopedia of Journal Vol 6, No 1 (2023): Vol. 6 No. 1 Edisi 2 Oktober 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i1.1997

Abstract

Formation of community activity managers of the former national program for rural independent community empowerment into joint village-owned enterprises. To what extent is the effectiveness of the technical guidelines for the formation of joint village-owned enterprises (BUMN Desma) from the community revolving fund activity manager of the former national program for rural independent community empowerment (PNPM Mpd) in its implementation. The results of this study indicate that local governments have not utilized regional autonomy as widely as possible as explained in Law No. 23 of 2014 concerning Regional Government, as evidenced by the absence of appeals or regulations from both provincial and district governments. The elements involved in carrying out their roles according to their respective duties and functions based on the Letter of the Directorate General of Economic Development and Investment for Villages, Disadvantaged Areas, and Transmigration, Number 191/PRI.02/IV/2022 Dated April 06, 2022. There is no common understanding regarding regulations ranging from Law no 11 of 2020 concerning Job Creation, Government Regulation number 11 of 2021 concerning BUM Desa, Regulation of the Minister of Villages, Development of Disadvantaged Regions and Transmigration number 15 of 2021 concerning Procedures for the Establishment of Community Revolving Fund Activity Managers of the National Program for Rural Independent Community Empowerment into Joint Village-Owned Enterprises and Directorate General Letter of Economic Development and Investment for Villages.
Co-Authors Aura Silvanie Febby Febby Ihsan Kamil Nessa Fajriyana Farda Novia Astuti Riki Zulfiko Rino Setiady Syaiful Munandar Wendra Yunaldi Yenny Fitri Z