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All Journal Jurnal Hukum Volkgeist Journal Equity of Law and Governance UNISAN Law Review
Umar P
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Arts Humanities Law, Crime, Criminology & Criminal Justice Library & Information Science

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Criminal Aggravation for Perpetrators of Sexual Violence Crimes nusa, aprianto; Umar P; Vicky Ibrahim; Yetti S Hasan
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.1.9576.190-197

Abstract

The policy of aggravating perpetrators is to show the state's firm stance towards committing crimes of sexual violence. In reality, various punishments for sexual violence are not in line with the objectives of sexual punishment which regulate serious criminal sanctions for perpetrators of sexual violence. The perpetrator benefits from a decision that does not have a deterrent effect. The judge's consideration of imposing a sentence by taking into account the victim's role in the crime (precipitation victim) provides an opportunity for the judge to reduce the sentence of the perpetrator even though the concept of victim precipitation should be interpreted as a crime mitigation mechanism to minimize the risk of victimization. Therefore, this research aims to provide an overview of the criminal aggravation regulations, both those regulated in the Special Law on Sexual Violence and the new Criminal Code, as well as repositioning the meaning of victimization so that it does not become the basis for reducing criminal acts for perpetrators of sexual violence crimes. This research uses a socio-legal research approach with literature study techniques and in-depth interviews. The results of this research show that the concept of criminal enforcement regulated in Law No. 12/2022 concerning Crimes of Sexual Violence contains the threat of serious criminal and criminal aggravation, however this provision does not regulate the pattern of special minimum criminal threats (minima straf) while in Law No. 1 /2023 concerning the Criminal Code as a lex generalis regulates the concept of criminal punishment which can be considered as criminal aggravation, for example deelneming, concursus, and recidive
A Model of Legal Culture for Prevention of Money Politics Through Social Media Strategies for Facing Simultaneous Elections in 2024 Gorontalo Province Jupri; Arhjayati Rahim; Rusmulyadi, Rusmulyadi; Vicky Ibrahim; Umar P
Jurnal Hukum Volkgeist Vol. 8 No. 1 (2023): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v8i1.4356

Abstract

This research aims to examine and explore the construction of a legal culture model for monitoring social movements to prevent money politics through social media and describe forms of legal protection for this movement. From the experience of previous simultaneous elections and local elections, various problems remain, one of which is money politics. Money politics is considered a differentiation mechanism for contestants to provide more value than other contestants in order to pursue personal votes. The factors vary, from weak religious culture, strong kinship culture, and paternalistic culture. This research provides a prevention model by utilizing social media such as Facebook, Twitter, WhatsApp and Instagram as a tool for social movements to prevent the practice of money politics. The type of research used is empirical research, namely research with field data as the main data source. The results of this research show that there are two models of cultural construction of legal supervision of social movements to prevent money politics through social media, namely the formation of anti-money politics citizen forums based on social media and creating anti-money politics fosters on social media. Meanwhile, the form of protection for this movement is to strengthen regulations and legal protection for whistleblowers and pay attention to Law Number 31 of 2014 concerning the protection of witnesses and victims. In the future, social media can be used as a means for more massive social movements to voice ideas, opinions and views in monitoring deviant behavior from political contestants and there needs to be special arrangements for the protection of these social movements.
WANPRESTASI TERHADAP PELAKSANAAN PERJAJIAN KONTRAK ANTARA PEMILIK PROYEK DENGAN KONTRAKTOR irwan; Rasdianah; Umar P
Unisan Law Review Vol 10 No 1 (2025): April
Publisher : Fakultas Hukum Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37195/ulr.v10i1.1264

Abstract

Default in the implementation of the work contract agreement between the project owner and the contractor is inaccuracy in drafting the contract clauses and the inability of the parties to comply with the contents of the contract clauses so that the parties are unable to take responsibility for implementing the clauses because they are considered unprofitable. Things that can cause default are: (a). There are changes to the construction plans from the project owner that are not in accordance with the contract clauses so that the contractor must bear the burden of costs and time for changes to the contract clauses. (b). The project owner is unable to make payments and repay project services to the contractor, while the contractor is unable to carry out its obligations in completing the development project properly and on time. For To minimize losses due to default between the project owner and contractor, the contract agreement is accompanied by a document guarantee equivalent to the contract value. The project owner and contractor must prepare a document guarantee with a minimum value equal to the value of the project and this guarantee is held by a third party, namely an official state agency, so that if there is a default by one of the parties, the confiscated document guarantee will be handed over to the party concerned. disadvantaged. The factors that can cause a default on the work contract agreement between the project owner and the contractor are: (1) Negligence Factor: Negligence committed by one or both parties, namely not fulfilling the achievements at all, the achievements made are imperfect, late. fulfilling achievements, doing what is in the agreement beyond what was promised, (2). Cost Overrun Factor: Cost overruns cause the project owner to be unable to make payments to the contractor and the contractor to be unable to complete the work.
Co-Authors Arhjayati Rahim Irwan Jupri nusa, aprianto Rasdianah Rusmulyadi, Rusmulyadi Vicky Ibrahim Yetti S Hasan