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Analisis Terhadap Perlindungan Perempuan Korban Kekerasan Seksual Dari Segi Hak Asasi Manusia Dalam Sistem Hukum Positif Indonesia Windy Claudia Yunus; Leni Dwi Nurmala; Robby Waluyo Amu; Roy Marthen Moonti
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.855

Abstract

The aim of the research is to determine and analyze the concept of protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system. And to find out and analyze the form of state responsibility in protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system. The type of research, namely Normative Juridical, is legal research that places law as a building system of norms. The legal materials used in this research come from primary legal materials obtained directly from legal materials, both primary legal materials and secondary legal materials. In this case the author will try to collect information that is relevant to the topic or problem being researched, as well as examine in depth the information collected and synchronize it with the main problem in this thesis. The concept of protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system is that victims have the right to obtain their rights which are generally regulated in Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection. Witnesses and victims also have the right to receive medical assistance, rehabilitation, compensation and restitution. Forms of State Responsibility in Protecting Women Victims of Sexual Violence In terms of Human Rights in Indonesia's Positive Legal System, namely that the State has the responsibility to provide protection and a sense of security to its citizens. In this case, especially for women who are victims of sexual crimes.
Peranan Polisi dalam Penanggulangan Tindak Pidana Pelanggaran Lalu – Lintas Diwilayah Hukum Polres Gorontalo Muhamad Zulkifli Lamatenggo; Marten Bunga; Robby Waluyo Amu
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 2 No. 2 (2025): Juni : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v2i2.1711

Abstract

This research is empirical in nature, involving direct field observations through interviews with authorized police officers of Bone Bolango who are responsible for handling traffic violations. The findings indicate that the role of the police is crucial in fostering traffic order through comprehensive and adaptive approaches. The strategies required by law enforcement to combat traffic violations emphasize the importance of holistic and contextual methods. Effective strategies must integrate strict law enforcement with public legal education and awareness-building, along with the use of modern technologies such as electronic traffic law enforcement (e-TLE) to enhance monitoring and transparency. The proposed recommendations highlight the need to improve the capacity of police personnel in both quantity and quality through continuous training focused on enforcement techniques and humanistic approaches. A more comprehensive approach is necessary, integrating enforcement, education, and community guidance simultaneously. These strategies must be supported by enhanced infrastructure and technology, such as the development of the e-TLE system and the installation of CCTV at high-risk violation points to improve monitoring effectiveness.
Tanggung Jawab Inspektorat dalam Pengawasan Pengelolaan Bumdes yang Bermasalah Ditinjau dari Perspektif Hukum Pidana Santy Ali; Ibrahim Ahmad; Robby Waluyo Amu
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 2 No. 2 (2025): Juni : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v2i2.1723

Abstract

This research adopts a normative juridical approach, focusing on legal norms, doctrines, and principles related to the Inspectorate's responsibility in supervising problematic BUMDes management from a criminal law perspective. Supervisory planning begins with the Regional Inspectorate preparing an Annual Supervisory Work Plan (RKPT), which outlines oversight activities for the year. Internal supervision and criminal law serve different but complementary roles: the former is preventive, aiming to detect irregularities early, while the latter is repressive, addressing legal violations. The synergy between both mechanisms is essential for transparent and efficient BUMDes financial management. Strengthening the Inspectorate’s role requires improving its institutional capacity and enhancing the competence of its personnel. This includes developing technical auditing skills and a deep understanding of criminal law related to village fund misuse. Professional auditors with legal insight are crucial for early detection of fund misappropriation, thereby fostering integrity and accountability in village financial governance.
Analisis Kewenangan Diskresi Kepolisian dalam Proses Penyidikan Perkara Tindak Pidana Pencemaran Nama Baik Jekli Tosubu; Robby Waluyo Amu; Ibrahim Ahmad
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 2 No. 2 (2025): 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.v2i2.1698

Abstract

The implementation of police discretion in the process of investigating criminal defamation cases shows that discretion is an important instrument for police officers in assessing, determining, and following up on a criminal report based on urgency, public interest, and the principles of proportionality and professionalism. In cases of defamation, which are often subjective and private, discretion allows investigators to consider various factors such as motive, impact, and the possibility of resolution outside the criminal path. Factors Affecting the Implementation of Police Discretion in the Process of Investigating Criminal Defamation Cases show that discretion is not carried out absolutely, but is influenced by various internal and external factors, namely: Legal and Regulatory Aspects, Case Characteristics, Professionalism and Ethics of Investigators, Social and Environmental Pressure, Facilities and Resources. Police Discretion should be regulated more clearly in positive law other than Law Number 2 of 2002 and the Criminal Procedure Code so that the principles of Legal Certainty and Respect for Human Rights are more apparent. Police offices need to provide special facilities such as mediation rooms that are neutral, comfortable, and support the creation of a dialogical atmosphere between the disputing parties. Increasing the number of investigators and managing a more balanced workload will provide space for investigators to consider the discretionary path more seriously without sacrificing work efficiency. The Standard Operating Procedure (SOP) for discretion at the Polres level needs to be adjusted to local socio-cultural characteristics. In Gorontalo, for example, a legal approach that is sensitive to family values and customs must be officially accommodated in work procedures.
Analisis Yuridis Peraturan Menteri Agama Nomor 20 Tahun 2019 Terhadap Praktik Itsbat Nikah Di Bawah Umur: Studi Kasus Di Kantor Urusan Agama Kecamatan Bulango Ulu Kabupaten Bone Bolango, Provinsi Gorontalo Suharyono Paputungan; Nurmin K. Martam; Ibrahim Ahmad; Robby Waluyo Amu; Yayan Hanapi
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 2 No. 4 (2025): November: Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v2i4.1224

Abstract

The urgency of marriage as an effort to elevate human dignity and sustain life and progeny is regulated in Law Number 16 of 2019, which amends Law Number 1 of 1974 concerning Marriage. The state requires marriage registration to guarantee the validity and legal protection of the rights of married couples and their children. One important provision in this regulation is the determination of the minimum age for marriage, which is 19 years for both men and women. However, in practice, underage marriages, including unregistered marriages, still occur. This study uses a normative-empirical research method, combining written legal analysis with field data to examine the application of laws and regulations in community practice. The results show that underage marriages can be legalized by the Religious Court based on Minister of Religious Affairs Regulation Number 20 of 2019. This regulation provides legal certainty and protection of children's rights, but has also raised controversy regarding the potential legalization of early marriage. This regulation has had a significant impact on the practice of itsbat nikah anak kecil, especially at the Bulango Ulu Religious Affairs Office (KUA), by reducing unregistered marriages. However, challenges in verifying evidence, socio-cultural pressures, and the normalization of early marriage remain major obstacles that must be overcome through education and cross-sector collaboration.