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PERTANGGUNGJAWABAN PIDANA ANAK SEBAGAI PELAKU TINDAK PIDANA TERORISME DI INDONESIA GAUTAMA, PUTU GITHA CAESARA; Yudiantara, I Gusti Ngurah Nyoman Krisnadi
Kertha Negara : Journal Ilmu Hukum Vol 11 No 11 (2023)
Publisher : Kertha Negara : Journal Ilmu Hukum

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Abstract

The aim of writing the article is to find answers to questions regarding the criminal responsibility of children as perpetrators of terrorism in Indonesia and what the government's efforts are to prevent children from falling into criminal acts of terrorism. The research method applied is normative research, centered on the analysis of written legal documents such as laws, court decisions and legal expert opinions using the statute approach. The results show that children's criminal responsibility for terrorism cases is based on the SPPA Law. In the SPPA Law, Article 81 states "the prison sentence that can be imposed on minors is a maximum of ½ (one-half) of the maximum penalty of imprisonment for adults." and "if the criminal offense committed by the child is a criminal offense punishable by the death penalty or life imprisonment, the penalty imposed is a maximum imprisonment of 10 (ten) years." The government has also carried out preventive efforts as mandated by Article 43A paragraph (1) of the PTPT Law, which is carried out in 3 ways, namely national preparedness, counter-radicalization and de-radicalization. Furthermore, prevention of children is also carried out through PERMEN PPPA No. 7/2019 in primary, secondary and tertiary forms.
Perlindungan Hukum Bagi Pihak Ketiga Dalam Perjanjian Fiduciary Security: A Case Study In District Courts Rainartha, Kadek Aldy Satya; Yudiantara, I Gusti Ngurah Nyoman Krisnadi
KOLONI Vol. 3 No. 3 (2024): SEPTEMBER 2024
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/koloni.v3i3.671

Abstract

This research aims to evaluate the legal protection provided to third parties in fiduciary agreements, with an emphasis on case studies from several district court decisions. In fiduciary agreement schemes, third parties are often caught up in legal disputes between the giver and recipient of the fiduciary. To understand the level of legal protection that exists for third parties, this research uses a normative juridical method with a case study approach to a number of district court decisions in Indonesia. The results of this research reveal that the legal protection available to third parties in fiduciary agreements is still inadequate, especially regarding their rights over fiduciary objects that are used as collateral. This study also found that the application of relevant regulations is often inconsistent, resulting in legal uncertainty for third parties. Therefore, regulatory reform is needed in the field of fiduciary guarantees, as well as increasing legal understanding for all parties involved, including third parties, to ensure that their rights are optimally protected.