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All Journal Pendas : Jurnah Ilmiah Pendidikan Dasar Journal Equity of Law and Governance
Muhammad Arif Prasetyo
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Law, Crime, Criminology & Criminal Justice Other

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Analysis of Decision No 61/Pid.Sus Anak/2021/Pn Mdn On the Case of a Child as A Violator of The Crime of Abuse Rodiatun Adawiyah; O.K. Isnainul; Muhammad Arif Prasetyo; Jane febrision br. Manurung; Edward Halim; Tamarsa Adea Putri Br Sitepu
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.4.1.9616.129-134

Abstract

Children are the next generation of the nation and have important responsibilities in the survival of the nation and state. For every child to be able to assume his responsibility as the heir of the nation, he must be given the widest possible opportunity to grow and develop optimally, both physically, spiritually, and socially. The purpose of this study is to determine the application of Law No. 35 of 2014 concerning amendments to Law No. 23 of 2002 concerning Child Protection in Decision No. 61/PID.SUS ANAK/2021/PN MDN. This research uses normative research methods. The result of this study is that according to the provisions of the Child Protection Law, children must be protected both as perpetrators of criminal acts, victims of criminal acts, and witnesses to criminal acts. In general, the purpose of the legal protection of children is to maintain the rights and obligations of children so that they can grow and develop naturally both physically, mentally, spiritually, and socially
Protection against heirs who make transactions of sale of inheritance land without the consent of other heirs according to law (Study Putusan 70/PDT.6/2006/PN. MDN) Widodo Ramadhana; O.K. Isnainu; Rodiatun Adawiyah; Muhammad Arif Prasetyo; Atika Sunarto; Santo Satria Simanjuntak
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.4.1.9640.147-154

Abstract

Soil is essential for life, and Indonesian law regulates land ownership, including the transfer and inheritance of land rights. Disputes often arise when land is sold without the consent of all heirs, leading to legal challenges. This study addresses two main research problems: the procedures for selling inherited land and the responsibilities of defendants in case No. 70/Pdt.6/2006/PN. Mdn. It aims to examine these procedures and determine defendant responsibilities. Using a juridical-normative approach, the study relies on legal principles and secondary data from legal documents, laws, and court decisions. Data collection methods include literature review and field research. Findings indicate that selling inherited land requires the consent of all heirs and compliance with legal requirements. Disputes arise when these requirements are not met, leading to legal actions that can invalidate transactions and restore original positions. Adhering to legal protocols is crucial to prevent disputes and protect heir rights.
ANALISIS YURIDIS TERHADAP PERBUATA N MELAWAN HUKUM OLEH PEMERINTAH DALAM PENERBITAN KEBIJAKAN PERDAGANGAN YANG BERDAMPAK PADA KERUGIAN INVESTASI KORPORASI ( STUDI Putusan No. 3091 K/Pdt/2025) Iren Margaretha Gurusinga; Rodiatun Adawiyah; Muhammad Arif Prasetyo
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 11 No. 02 (2026): Volume 11 No. 2, Juni 2026 Release
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v11i02.45320

Abstract

This study aims to analyze the qualification of unlawful acts by the government in issuing trade policies that result in corporate investment losses, as well as to examine the form of government legal liability and the considerations of the Supreme Court in Decision Number 3091 K/Pdt/2025. This research is a normative legal study employing statutory and case approaches. The results indicate that investment losses arising from government policies cannot automatically be classified as unlawful acts unless all elements stipulated in Article 1365 of the Indonesian Civil Code are fulfilled. In the decision, the Supreme Court considered that government policy constitutes a legitimate exercise of authority in protecting the public interest, and therefore does not meet the elements of unlawfulness and fault. Consequently, the government cannot be held civilly liable in the form of compensation. This study also shows that investment losses resulting from government policies are part of policy risk that must be anticipated by investors. Thus, legal protection for investment is not absolute, but must be balanced with the government’s authority in carrying out its regulatory functions. This research is expected to contribute to the development of law related to investment protection and government accountability in public policy.
Co-Authors Atika Sunarto Edward Halim Iren Margaretha Gurusinga Jane febrision br. Manurung O.K. Isnainu O.K. Isnainul Rodiatun Adawiyah Santo Satria Simanjuntak Tamarsa Adea Putri Br Sitepu Widodo Ramadhana