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PERLINDUNGAN HUKUM TERHADAP ISTRI ATAS KEKERASAN DALAM RUMAH TANGGA (Studi Kasus Putusan Pengadilan Negeri Sidoarjo Nomor 920/Pid.Sus/2021/PN.Sda) Sucianto, Haris; Bangsu, Mohammad; Qudussalam, Abdul
JURNAL LEGISIA Vol 15 No 2 (2023): Juli
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v15i2.360

Abstract

The PKDRT Law is to provide punishment for perpetrators of domestic violence and provide a deterrent and remorseful effect so that it is hoped that it will reduce and prevent cases of domestic violence. The purpose of this research is to look at criminal protection efforts against other parties for domestic violence and to investigate criminal obligations of husbands who commit domestic violence against their wives and to study cases at the Sidoarjo District Court No.920/Pid.Sus/2021/ PN. Sda. This study uses a normative review approach and empirical methods. the prison's primary basis for these comments is the election of court No. 920/Pid.Sus/2021/PN.Sda, the statistical analysis strategy in this assessment is carried out normatively, especially contrary to court decisions or the jurisprudence. . Based on the effects of this research, it can be concluded that crime protection against various parties who oppose domestic violence consists of making recommendations to eliminate domestic violence, organizing oral exchanges, statistics and faculty on domestic violence, maintaining outreach or outreach and advocacy for domestic violence. Then the criminal charge against the husband of the perpetrator of domestic violence against his wife saw the case in the Sidoarjo District Court No. 920/Pid.Sus/2021/PN.Sda, the Panel of Judges of the Sadoarjo District Court considers that shortcut Retno Rudi Santoso was found guilty legally and convincingly of committing a crime of violence within the family sphere so that the person concerned was sentenced to imprisonment for 10 (ten) years. The judge's decision is considered less than optimal because it only gives 10 years in prison, even though the persecution committed by the suspect led to the death of the victim, it can be concluded that the judge in deciding the case is not optimal because if it refers to Article 44 of the PKDRT Law paragraph (3) the perpetrator can be charged with a maximum criminal sentence of 15 years and a fine of Rp. 45,000,000 so that the perpetrator feels deterrent and can be a lesson for husbands not to commit acts of PKDRT.
Tinjauan Yuridis Tanggung Jawab Orang Tua terhadap Anak Pasca Perceraian Muzakki, Muh Afif; Sodiqin, Ali; Qudussalam, Abdul; Murniati, Dewi
JURNAL LEGISIA Vol 16 No 1 (2024): Januari
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

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

Abstract

Divorce cases in Indonesia are increasing, this has also resulted in many male parents (fathers) ignoring their responsibilities to their children. In connection with legal provisions, children must still receive their rights as children based on Article 45 paragraph 1 of Law no. 1 of 1974 concerning Marriage which states "Both parents are obliged to care for and educate their children as best as possible". The aim of this research is to analyze and identify parents' responsibilities towards children after divorce, as well as legal efforts that can be taken to guarantee children's rights. This research uses normative legal research methods, with a statutory regulation approach and secondary data as research references. The research results show that parents' responsibilities towards children after divorce include the responsibility to meet the child's living needs, provide emotional support, and provide adequate education and teaching. Legal efforts that can be taken to guarantee children's rights include efforts to settle outside of court and submitting a petition to court. In this case, the court can decide on matters relating to children's rights, such as custody, maintenance and the interests of the child as a whole. This research provides a more comprehensive view of the legal issues relating to parental responsibility after divorce. In addition, this research can provide insight to the public on the importance of safeguarding children's rights and welfare in the context of divorce, while encouraging awareness of the responsibility of parents in providing the necessary protection and support for the optimal development of their children.
PERJANJIAN ABITRASE SEBAGAI PILIHAN PENYELESAIAN SENGKETA PERDATA (Perspektif Undang-undang Nomor 30 Tahun 1999) Yulianis, M. Sifa Fauzi; Qudussalam, Abdul; Haniyah, Haniyah; Samuji, Samuji; Sodikin, Ali
JURNAL LEGISIA Vol 16 No 2 (2024): Juli
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/legisia.v16i2.449

Abstract

The borderless business world with all the problems that arise requires an effective and efficient problem solving system without many obstacles, one way to resolve business disputes through arbitration, as there is in the agreement of the parties to business people where the agreement in question cannot stand alone without the main agreement, how to resolve disputes arising from the arbitration law review agreement on arbitration agreements. This research is a normative research with an approach based on Law No: 30 of 1999 concerning arbitration and dispute resolution, the arbitration agreement is the main agreement that can still stand alone perfectly. Conversely, in the absence of a principal agreement, the parties may not be able to enter into a binding arbitration agreement.