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Legal Review of the Impact of Early Marriage on Health Saida, Nur; Ari. AM, Muhammad As; Irabiah, Irabiah
Sangia Nibandera Law Research Vol. 1 No. 2 (2024): Sangia Nibandera Law Research, December 2024
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19645740

Abstract

Early marriage is a marriage event carried out by children under 19 years old for both men and women. As in Central Buton Regency, the number of early marriages always occurs, causing the village government to minimize the number of early marriages. This study aims to determine the background of early marriages. This study uses a normative empirical approach, described descriptively with data sources consisting of children or adolescents who have early marriages, the community, KUA and health authorities. The validity of the data in this study uses source triangulation techniques, and data analysis uses Milles and Huberman interactive analysis. This study produced several findings, namely that early marriages that occur in Central Buton Regency are caused by several factors, both internal and external. Internal factors that come from within are their own will, while external factors are the parents' economy, the parents' wishes, education and pregnancy outside of marriage. The public's view of early marriage in Central Buton Regency is to have a positive view because it is commonplace. The role of the government is very influential on the welfare of its people. The village government certainly regrets that children who are still of school age have to choose to get married because these children should get a decent education and must continue their education to a higher level. This has triggered the village government to overcome or minimize the occurrence of marriages by, in the initial stage, beingadvised by the KUA, the Health Department regarding the impact of early marriage on health, motivating parents to continue their children's education to a higher level, suspending marriage books, tightening the rules of the Marriage Law and its sanctions.
Juridical Review of Criminal Liability Perpetrators of the Obstruction of Justice in Office Order Putri, Pamuka Aisyah Perico; Basrawi, Basrawi; Sakti, La Ode Awal; Irabiah, Irabiah
Sangia Nibandera Law Research Vol. 1 No. 2 (2024): Sangia Nibandera Law Research, December 2024
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19645763

Abstract

An official order is an order given by someone who has power and position in an institution or institution. A valid official order is an official order given by someone who has the authority and the order is still in the realm of his work. The article governing official orders is contained in Article 51 of the Criminal Code. Obstruction of justice is an act that harms many parties, therefore anyone involved in obstruction of justice deserves to be punished according to applicable law. The research method used in writing this thesis is normative, namely examining laws and examining scientific papers that are in accordance with the problems that are the topic of making a thesis. The result of this research is that a person who commits an act of obstruction of justice in an official order can be given a penalty according to the provisions if with full awareness knows that the act is an act that has elements of a criminal offense and cannot be said to be obstruction of justice if the person concerned does not know at all that the order contains elements of a criminal offense.
Legal Review of Corporate Liability Based on Law Number 1 of 2023 concerning the Criminal Code Arfia, Arfia; Irabiah, Irabiah; Sakti, La Ode Awal; Basrawi, Basrawi; Ari AM, Muh. As
Sangia Nibandera Law Research Vol. 2 No. 1 (2025): Sangia Nibandera Law Research, June 2025
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19645887

Abstract

Corporations play a significant role in the economic development of society, but they not only have positive impacts, but also cause negative, deviant impacts. where the characteristics and movements are different from conventional crimes in general. Unclear regulations on corporate criminal liability are a major obstacle in eradicating criminal acts committed by corporations. Although corporations have been designated as legal subjects. This research focuses on the study of the regulation of corporate criminal liability based on Law Number 1 of 2023 and to determine the concept of criminalization of corporations as perpetrators of criminal acts. This research uses a normative research method, which focuses on collection and analysis with a statutory approach, a case approach, and a conceptual approach. The results of the study concluded that in Law Number 1 of 2023 concerning the Criminal Code, in addition to two forms of error (intentional and negligence), it also regulates unlawful acts that can be held criminally accountable to corporations and shareholders where each article formulation requires that every act and the consequences of the act must be intended by the perpetrator to be held criminally accountable. The imposition of corporate criminal liability is regulated in Articles 45-50 of Law Number 1 of 2023 concerning the Criminal Code, strengthening the teaching/doctrine of piercing the corporate veil in imposing criminal liability on shareholders who commit crimes.
Accountability of the Investigators of the Indonesian National Police and Legal Remedies Taken by the Suspect in the Event of an Error in Persona Nurhaisyah, Nurhaisyah; Irabiah, Irabiah; Sakti, La Ode Awal; Basrawi, Basrawi; Ari. AM, Muhammad As
Sangia Nibandera Law Research Vol. 2 No. 1 (2025): Sangia Nibandera Law Research, June 2025
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19645952

Abstract

The arrest procedure has been regulated in the Criminal Procedure Code. However, in practice, it is possible that in the arrest process there may be wrongful arrests. In legal terms, wrongful arrests made by police investigators are called errors in persona. The purpose of this study is to determine the accountability of police investigators when making wrongful arrests based on the law and legal remedies carried out by suspects in the event of an error in persona. In this study, the author used a normative research method which is research conducted by literature study or document study. The data analysis technique used is a qualitative normative analysis, namely by interpreting or drawing conclusions about the legal materials that have been processed. The results of the study show that the responsibility of police investigators when making wrongful arrests based on the law can be in the form of civil liability, criminal liability, and ethical and administrative liability. The legal remedies taken by the suspect in the event of an error in persona are in the form of pretrial legal remedies which are judicial legal remedies, and the victim of wrongful arrest can also take non-judicial legal remedies (out-of-court settlement) in the form of a complaint to the National Human Rights Commission (Komnas HAM), or a complaint to the nearest Police Service Center (SPK).