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All Journal LEGAL BRIEF Jurnal Kewarganegaraan Jurnal Hukum dan Sosial Politik Estudiante Law Journal Pandawa : Pusat Publikasi Hasil Pengabdian Masyarakat Al-Zayn: Jurnal Ilmu Sosial & Hukum Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Politika Progresif : Jurnal Hukum, Politik dan Humaniora Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara Konstitusi: Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi
Avelia Rahmah Y Mantali
Universitas Negeri Gorontalo
Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Legal Certainty Aspects in Regulation of the Attorney General Number 15 of 2020 Concerning Termination of Prosecution Based on Restorative Justice Sardjana Orba Manullang; Rai Iqsandri; Mawarni Fatma; Avelia Rahmah Y. Mantali
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

There have been many sharp criticisms regarding law enforcement by law enforcement officials where small cases that could be resolved through peaceful efforts ended up in court. In 2020, the Attorney General issued Prosecutor Regulation Number 15 of 2020 concerning termination of prosecution. It is necessary to pay attention to the legal certainty aspect of the regulation when it is implemented. This study aims to analyze the aspect of legal certainty in the Prosecutor's Regulation Number 15 of 2020 concerning termination of prosecution based on restorative justice. Study this law uses a normative juridical approach Statutory Approach, the "statuta approach", and Conceptual Approach, the "conceptual approach". The results of the study concluded thatThe aspect of legal certainty lies in the guidelines that have been made by determining and limiting the requirements and implementation of termination of prosecution based on restorative justice. Service Regulation Number 15 of 2020 was made to support law enforcement with legal certainty, where restorative justice is given a clear, firm and comprehensive legal basis.
Criminology Study of Sexual Violence in Children Khairunnisa Taha Oponu; Mutia Cherawaty Thalib; Avelia Mantali
Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (82.142 KB) | DOI: 10.33756/eslaj.v4i2.15955

Abstract

The purpose of this study is to determine the factors that cause sexual violence that occurs in children and to determine the efforts to overcome cases of sexual violence against children in Gorontalo Regency. The research method used is empirical legal research using a case approach and a conceptual approach. The results of the study found that there were five factors that caused cases of sexual violence against children in Gorontalo Regency, including: the lack of family responsibility, the lack of social control from the community, the technology factor, the alcohol factor, the lack of understanding and the inculcation of norms in the order of life. . The most dominant factors according to the percentage of cases of sexual violence against children in Gorontalo Regency are the lack of parental responsibility and technology (social media) factors. Efforts to prevent and overcome cases of sexual violence against children in Gorontalo Regency are carried out with preventive efforts, namely a form of prevention before the occurrence of cases of sexual violence against children. Preventive efforts are divided into five efforts, including: applying self-awareness, active communication with family, using technology as best as possible, choosing a good environment, socialization from related parties. The other efforts are repressive efforts, one of the forms of efforts to overcome when there have been cases of sexual violence against children. Repressive efforts are carried out by providing criminal sanctions for crimes that have been committed by the perpetrators. As well as repressive efforts to victims by providing psychological assistance and legal assistance.
Analysis of Determination of Sanctions Against Narcotics Abusers Who Experience Mental Disorders (Study of Denpasar District Court Decisions) Mohammad syahrir DJ.Pano; Fenty U. Puluhulawa; Avelia Rahmah Y. Mantali
Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (286.059 KB) | DOI: 10.33756/eslaj.v5i1.19844

Abstract

Research findings show that the proportion of drug users who suffer from mental disorders is still very high compared to that of drug users who do not suffer from mental disorders. The reason is that the use of drugs can cause addiction, which means that users will continue to do so that which affects the central nervous system and results in mental disorders in drug users, for example in two cases in the Denpasar District Court with cases of narcotics abuse where the defendant had bipolar disorder. This study concludes that the judge's consideration includes the reasons for bipolar mental disorder as mitigating factors. In the case of abuse of narcotics, the Defendants BJJ and YAR, even though they were bipolar, still did not abolish the sentence against the two Defendants in these two different cases..
Penyelesaian Tindak Pidana Pencemaran Nama Baik Melalui Restorative Justice (Studi Kasus di Kejaksaan Negeri Gorontalo Utara) Dian Rizqi Oktaria Naway; Lisnawaty W. Badu; Avelia Rahmah Y. Mantali
Jurnal Kewarganegaraan Vol 7 No 1 (2023): Juni 2023
Publisher : UNIVERSITAS PGRI YOGYAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31316/jk.v7i1.5259

Abstract

Abstract Penelitian ini bertujuan mengkaji penyelesaian tindak pidana pencemaran nama baik melalui pendekatan Restorative Justice serta upaya Kejaksaan Negeri Gorontalo Utara dalam memberikan pemahaman kepada masyarakat mengenai alternatif penyelesaian tindak pidana di luar persidangan. Metode penelitian kualitatif empiris digunakan dengan teknik pengumpulan data melalui wawancara dan data sekunder. Hasil penelitian menunjukkan bahwa penyelesaian tindak pidana pencemaran nama baik melalui restorative justice di Kejaksaan Negeri Gorontalo Utara meliputi beberapa unsur tahapan yakni pembuatan Surat Pemberitahuan Dimulainya Penyidikan, penelitian oleh jaksa, disposisi pimpinan, hingga proses perdamaian dan ekspos penghentian perkara. Prinsip Restorative Justice mencakup pemulihan korban melalui ganti rugi, perdamaian, kerja sosial, dan kesepakatan lainnya. Sedangkan faktor penghambat penyelesaian yakni, perkara tidak memenuhi syarat restorative justice, keterbatasan pelaku dalam memenuhi syarat, dan penolakan korban karena merasa terhina. Dapat disimpulkan bahwa pendekatan Restorative Justice telah menjadi alternatif yang signifikan dalam penyelesaian tindak pidana pencemaran nama baik. Kata Kunci: Restorative Justice; Pencemaran Nama Baik; Kejaksaan Negeri Gorontalo Utara.
Implementation of Investigations into the Crime of Incest by the Biological Father Against the Child Incest Safrizal W. Yantu; Fenty U. Puluhulawa; Avelia Rahmah Y. Mantali
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.23029

Abstract

The main problem in this research is the process of investigating criminal acts of incest committed by the biological father against the child in the jurisdiction of the East City Police. biological father of the child at the East City Police. The aim of the research is to find out and explain the implementation and investigation of criminal acts of incest committed by the biological father against the child (Incest) at the East City Police. The results of the research are that the process of investigating the criminal act of incest by the biological father against the child is carried out in stages, making a report, conducting an investigation, carrying out a Visum et Repertum, sending a letter notifying the start of the investigation, conducting examination of witnesses, carrying out a case title to determine the suspect, carrying out coercive measures, examination of suspects, collection of evidence, filing.
Faktor Penyebab Terjadi Tindak Pidana Penganiayaan Anak Indriyanti Mahmud; Lisnawaty W. Badu; Avelia Rahmah Y. Mantali
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2856

Abstract

This research aims to determine the causes of criminal acts of child abuse. This research uses empirical legal methods and is based on phenomena and realities in the field, then analyzed descriptively. The results of the research are that the causes of criminal acts of child abuse in Gorontalo consist of internal factors originating from within the child in the form of a disputed object that arises when there is a previous debate between children, whether insults or fighting over things to close friends (boyfriends), the existence of feelings of hurt that arise because of other people's actions and words to themselves which offend the feelings and inner thoughts of children who are still unstable as being childish and not thinking far ahead. Meanwhile external factors consist of lack of family supervision; Existence of Organizational Groups; Lack of Mastery of Moral and Religious Education; and Electronic Media Broadcasts.
Peningkatan Kesadaran Hukum Mengenai Perlindungan Anak Bagi Siswa dan Guru di SMP Negeri 2 Luwuk Dian Ekawaty Ismail; Avelia Rahmah Y. Mantali; Mohamad Rivaldi Moha; Dolot Alhasni Bakung; Usman Rasyid
Pandawa : Pusat Publikasi Hasil Pengabdian Masyarakat Vol. 1 No. 3 (2023): Juli : Pandawa : Pusat Publikasi Hasil Pengabdian Masyarakat
Publisher : Asosiasi Riset Ilmu Pendidikan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61132/pandawa.v1i3.72

Abstract

Children as the next generation of the nation, must be protected from childhood to adulthood. If a child has been in an environment of crime since childhood, that child can become a criminal in the future, and will disturb people's lives. It is wise for child protection to start in junior high school. Junior high school (SMP) as a place for children to gain knowledge, begins to learn to get along with peers, smaller friends or teachers and begins to understand ways to commit violence against others. Therefore, the protection of children and teachers is currently an important matter and must be a common concern. Lack of understanding and knowledge of legal protection for children in the school environment has resulted in many violations and even criminal acts of violence against children in the school environment. As a result, children do not feel comfortable at school, skip school, or even drop out. Taking into account the legal issues above, the law faculty community service team carried out this service activity as an effort to increase public awareness and teachers that the importance of child protection starts from a child-friendly school environment and teachers. Regarding these problems, we all must pay attention to the protection of children and teachers, including at SMP Negeri 2 Luwuk. In this community service, we provide counseling and outreach to the concept of child protection, namely the urgency of legal protection for children and teachers in schools. The outputs that will be produced through this service are legal counseling activities for the community, scientific articles in the Community Service Journal, Publication in the Media Period (Print/Online), then Mandatory Reports in the form of Service Implementation Results Reports, Activity Diary Books and Financial Record Books.
Teori Hukum Penitensier Terhadap Pelaku Kekerasan Seksual Terhadap Anak Syakinah Hamid Alamri; Lisnawaty W Badu; Avelia Rahmah Y. Mantali
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 1 No. 3 (2024): Juli : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v1i3.337

Abstract

Children have human rights, just like adults have, to protect children's rights, not many parties think about it and take concrete steps. Likewise, efforts to protect children's rights are violated by the State, adults, their own environment or their parents who do not really pay attention to the interests of the child's future. Child protection is not only attached to the individual child, but also to other humans. This is a consequence of humans as social creatures who cannot be separated from other humans. Criminal law then exists to regulate various acts that violate human rights which are then punished. Of course, criminal law cannot be implemented properly if there is no other legal knowledge that accompanies it, including penitentiary law which is known as Penal Law or legal science that studies punishment. The Penitentiary Law is not a legal rule that can immediately punish criminals arbitrarily, but requires human rights to be taken into account. This article focuses on whether penitentiary laws violate human rights or not. The purpose of this paper is to examine in more depth the effectiveness of penitentiary laws in sanctioning sexual crime perpetrators and protecting sexual crime victims. The research method used is normative law with library research techniques analyzed qualitatively using a statutory approach and a conceptual approach. The results of the research conclude that the Penitentiary Law is a regulation that seeks to continue to fight for the human rights of people who have been violated by the perpetrator of a crime by punishing them, but the model of punishment given still pays attention to the human rights of the perpetrator of the crime being punished.
Mengungkap Tindak Pidana Demi Kepentingan Keadilan Oleh Dibidang Inafis Polres Gorontalo Yayan Ponui; Suwitno Yutye Imran; Avelia Rahmah Y. Mantali
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 2 (2024): Juni : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i2.204

Abstract

This research aims to find out what the position of Inafis is in uncovering criminal acts in the interests of justice and to find out what are the inhibiting factors for the Inafis unit in uncovering criminal acts in the interests of justice. This research uses empirical methods. The results of this research show that the position of the Inafis Unit has a crucial role in uncovering criminal acts in the interests of justice. The position of the inafis init includes the duties and functions of the inafis unit, the role of the inafis unit in uncovering criminal acts, the importance of justice in uncovering criminal acts, compliance with legal procedures: ensuring that all evidence collected is fair, valid and acceptable in court. Factors Inhibiting the implementation of the tasks of the Gorontalo Police Inafis Unit in Revealing Criminal Acts in the Interests of Justice which could hinder its performance and effectiveness. Where these factors are divided into 2 factors which include Internal Factors and External Factors.
Analysis of the Juridical Review Regarding the Action of Checking Mobile Phones by Police Officers During Patrols Muda, Mahmud; W. Badu, Lisnawaty; Y. Mantali, Avelia Rahmah
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.21704

Abstract

The purpose of this study is to find out the provisions governing the inspection of cellphones by police officers during patrols. The research method used is a normative research method using a literature study approach. The results of this study are about the Raimas Backbone Team who violated the law against Article 1 number 18 of Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) concerning Body Search is an investigator's action to conduct an examination of the suspect's body and or clothes to search for objects that are strongly suspected of being on his body or carrying with him, to be confiscated. In this case it is clear that the actions of the Raimas Backbone Team who carried out the search were beyond the authority given to them, because basically in the Criminal Procedure Code Number 8 of 1981 Article 6 paragraph 1. Investigators are: (a) ). State police officials of the Republic of Indonesia, (b). Certain civil servant officials who are given special authority by law.
Co-Authors Abdul Rahman Toyi Ananda Rayhan Dumako Asrina Nggai Dian Ekawaty Ismail Dian Rizqi Oktaria Naway Dolot Alhasni Bakung Fence M Wantu Fenty U. puluhulawa Igvan Nagif Syahyudin Indriyanti Mahmud Khairunnisa Taha Oponu Lisnawaty W. Badu Mawarni Fatma Moh. Efendi Pontoh Moh. Rusdiyanto U. Puluhulawa Mohamad Rivaldi Moha Mohammad syahrir DJ.Pano Muda, Mahmud Mutia Cherawaty Thalib Rai Iqsandri Rinoldi Mantali Safrizal W. Yantu Sardjana Orba Manullang Suwitno Yutye Imran Syakinah Hamid Alamri Usman Rasyid Yayan Ponui