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PERLINDUNGAN HUKUM TERHADAP ANAK YANG LAHIR DI LEMBAGA PEMASYARAKATAN BERDASARKAN HUKUM POSITIF INDONESIA I GUSTI AGUS YUDA TRISNA PRAMANA; I WAYAN JEKALAYA MADE SUARTINI; I DEWA NYOMAN GDE NURCANA
GANEC SWARA Vol 18, No 4 (2024): Desember 2024
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v18i4.1173

Abstract

Basically, law enforcement will always lead to 3 (three) important things, namely the fulfillment of legal certainty, the fulfillment of justice, and the fulfillment of benefits. When these 3 (three) fulfillments are fulfilled, it can be said that law enforcement has succeeded in achieving its objectives. The value of justice in the foundation of the Indonesian state is also contained in the fifth principle of Pancasila. Human life includes physical and spiritual life, so justice also includes justice in fulfilling the essential demands for physical and spiritual life for all Indonesian people equally, especially for children, including children born in correctional institutions, so this research specifically discusses regarding the protection of children born in correctional institutions. The type of research used in this writing is included in the category/type of normative legal research. Normative legal research methods are methods or methods used in legal research which are carried out by examining existing legal sources. So in this research there are several forms of legal protection for children's rights regulated in Indonesian Positive Law. Regulations regarding legal protection of children's rights can be found in the Constitution of the Republic of Indonesia of 1945, and Law of the Republic of Indonesia no. 39 of 1999 concerning Human Rights. If you look at the regulations regarding the rights of children born in prison, then in fact there are many children's rights that are violated by PP No. 32/1999. Furthermore, regulations regarding the protection or guarantee of the rights of children born in prisons in accordance with Article 20 paragraphs (3), (4), and (5) PP 32/1999 are not in accordance with or conflict with the provisions regulated in Article 28B paragraph (2) 1945 Constitution, Article 5 letter g of the Corrections Law and Article 59 paragraph (1) of the Human Rights Law
KAJIAN YURIDIS PENGUASAAN TANAH SECARA NOMINEE I GUSTI AGUS YUDA TRISNA PRAMANA; I WAYAN SUARDANA; I DEWA GEDE BUDIARTA
GANEC SWARA Vol 18, No 1 (2024): Maret 2024
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v18i1.773

Abstract

Land is a place for human habitation as well as being a source of livelihood for those who earn a living through agriculture and ultimately land which is used as the final burial place for someone who dies. Humans can obtain food by utilizing land, apart from that, land also has an emotional relationship with humans. Everyone definitely needs land, not only in life, in the event of death, humans still need land as a resting place. Humans live happily and in abundance if they can use the land they control or own in accordance with applicable natural laws. Humans will be able to live peacefully and peacefully if they can exercise their rights and obligations in accordance with certain limits in the applicable laws that regulate human life in society. Therefore, the need and importance of land ownership rights, however, there is still the practice of ownership of land rights by foreign investors, where legal norms clearly prohibit ownership of land rights by foreign nationals, but with unclear norms that can be used by a person. foreigners borrow names just as Indonesian citizens borrow names, until now this practice is still ongoing. The method used in conducting this research is the normative juridical method where the research refers to statutory regulations. Based on the method used, the government should immediately create regulations that do not overlap and provide legal certainty.