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All Journal Awang Long Law Review Journal Evidence Of Law Jurnal Indonesia Sosial Sains Asian Journal of Social and Humanities Greenation International Journal of Law and Social Sciences
Yusuf Hasibuan, Fauzie
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Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Energy Environmental Science Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Physics Social Sciences

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Legal Protection For Children Born as A Result of Rape Victimization Hari Alijana, Erma; Mustofa, Muhammad; Yusuf Hasibuan, Fauzie
Asian Journal of Social and Humanities Vol. 3 No. 6 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i6.523

Abstract

This study aims to analyze the legal protections for children born as a result of rape in Indonesia, focusing on the gaps in the current legal system and the challenges these children face in accessing their rights. The research uses a normative juridical method combined with qualitative analysis to examine existing laws and regulations related to child protection, with a particular focus on the legal status of children born from rape. The findings reveal that while Indonesia has child protection laws in place, there are significant gaps in the application of these laws for children born as a result of rape, leaving them vulnerable to discrimination and a lack of legal clarity regarding their rights. The study concludes that there is an urgent need for legal reforms to ensure that these children are provided with the same legal protections and rights as other children, including access to healthcare, education, and protection from further harm. It is essential to strengthen legal frameworks and ensure consistent application of child protection laws to guarantee the rights and welfare of all children, regardless of their birth circumstances.
Reconstruction of Minor Criminal Case Settlement By The Prosecutor's Office Through Restorative Justice Syahroni, Teuku; Yusuf Hasibuan, Fauzie; Kristiawanto , Kristiawanto
Asian Journal of Social and Humanities Vol. 3 No. 6 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i6.531

Abstract

This study analyzes the implementation of restorative justice in handling minor crimes by the Prosecutor's Office and offers a policy reconstruction to enhance its effectiveness and achieve substantive justice within the criminal law system. Employing a normative juridical method, the research utilizes legislative, case, historical, comparative, and conceptual approaches. The analysis draws on theories of justice by John Rawls, Lawrence M. Friedman’s theory of the legal system, and Howard J. Zehr’s theory of restorative justice. The findings reveal that restorative justice is not yet optimally implemented due to disparities in regional policy execution, weak legal infrastructure, and a prevailing retributive mindset among officials and the public. As a solution, the study recommends the mandatory implementation of restorative justice for minor crimes meeting specific criteria, clarifying application standards, enhancing law enforcement training, establishing more restorative justice centers, and strengthening supervision and evaluation mechanisms. The novelty of this research lies in identifying multidimensional barriers, integrating a comprehensive theoretical framework, and proposing a more systematic policy reconstruction. With improved implementation, restorative justice can become a primary tool in resolving minor offenses, reducing overcrowding in correctional facilities, and fostering a more equitable, recovery-focused legal system.
Legal Certainty Against Termination of Government Goods/Services Procurement Contracts By Acts of Government Administration, Commitment Making Officials Arief Pratomo, Mochamad; Yusuf Hasibuan, Fauzie; Suganda, Atma
Jurnal Indonesia Sosial Sains Vol. 5 No. 02 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i02.1005

Abstract

Problems in unilateral contract termination by Commitment Making Officials in Government Procurement of Goods/Services. There are no express provisions in the laws and regulations or Presidential Regulations. The consequence that arises is that terminating the contract creates legal uncertainty. This dissertation analyzes the implementation of terminating contracts for the procurement of government goods/services by acts of government administration and analyzes and finds legal certainty for terminating contracts for the procurement of goods/services if there is a dispute between the Commitment Making Official and the provider of goods/services, the Commitment Making Official. The research method used in this research is normative juridical with research specifications namely analytical descriptive. The results research show that the implementation of terminating contracts for the procurement of government goods/services by the actions of the government administration officials who made the commitment resulted in the emergence of legal uncertainty. Based on Article 93 paragraph 1 of Presidential Regulation Number 4 of 2015 concerning the Second Amendment to Presidential Regulation Number 54 of 2010, the legal consequences of contract termination do not yet reflect the principle of proportionality, because the determination of sanctions is only unilateral, borne by the Service Provider. Meanwhile, the determination of sanctions against Service Users if the PPK commits an error/negligence is not clearly regulated either in the contract agreed upon by the parties, or regulated in the provisions of statutory regulations.
Co-Authors Akkapin, Supaphorn Arief Pratomo, Mochamad Burhanudin, Ohan Fetrus, Fetrus Hapsari Putri Pramudya, Arlini Hari Alijana, Erma Krisna Murti Kristiawanto , Kristiawanto Lina, Ramlani Maryano, Maryano Muhammad Mustofa Napitupulu, Amin Pardomuan Rekso Wibowo , Basuki Rekso Wibowo, Basuki Siti Helmyati Soesilo, Soesilo Suganda, Atma sugiarto, Edy Syahroni, Teuku Wirawan, Helex Zulkarnain Sitompul