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PERLINDUNGAN HUKUM TERHADAP HAK-HAK NARAPIDANA ANAK DI LEMBAGA PEMASYARAKATAN KEDUNGPANE SEMARANG Suryandari, Wieke Dewi; Lamijan, Lamijan; Zainuddin, Muhammad; Hendra Gunawan, Yusuf Tri
JPeHI (Jurnal Penelitian Hukum Indonesia) Vol 5, No 02 (2024): Jurnal Penelitian Hukum Indonesia (JPeHI)
Publisher : Universitas Darul Ulum Islamic Centre Sudirman GUPPI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61689/jpehi.v5i02.670

Abstract

ABSTRAK Hak asasi anak merupakan bagian dari hak asasi manusia yang mendapat jaminan dan perlindungan hukum internasional maupun hukum nasional. Hak-hak anak tersebut wajib dijunjung tinggi, tidak terkecuali bagi anak yang sedang menjalankan proses hukum sebagai narapidana. Penelitian ini bertujuan Untuk mengetahui perlindungan hukum terhadap Hak - Hak Narapidana Anak di Lembaga Pemasyarakatan Kedungpane Semarang, hambatan perlindungan hukum terhadap Hak - Hak Narapidana Anak. Pendekatan masalah yang akan digunakan untuk membahas permasalahan dalam penulisan hukum ini adalah pendekatan yuridis sosiologis. Pendekatan tersebut dilakukan berdasarkan bahan hukum utama menelaah teori, serta peraturan perundang-undangan serta pengamatan atau observasi yang berhubungan dengan penelitian ini. Kata Kunci : Perlindungan Hukum, Anak, Hak Anak
Criminalization of Sex Workers from the Perspective of Criminal Law Transformation in Indonesia Hamdani Hamdani; Wieke Dewi Suryandari; Mohamad Tohari
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 1 (2024): Ranah Research : Journal Of Multidisciplinary Research and Development (Novembe
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i1.1261

Abstract

This research examines the phenomenon of the criminalization of sex workers in Indonesia amidst the ongoing transformation of criminal law. The criminalization of commercial sex workers (CSWs) often stems from social and moral norms that deem this practice immoral and illegal. This study aims to analyze the impact of criminalization on human rights and the welfare of CSWs, as well as how legal ambiguities contribute to the exploitation and violence they face. Additionally, it explores weaknesses in existing legal regulations and proposes necessary reform efforts to create a more inclusive legal framework that protects the basic rights of CSWs. Through a comprehensive approach, this research is expected to contribute to the development of more humane and effective policies, as well as enhance public understanding concerning the position and rights of CSWs in Indonesia.
The Position of Corporate Testimony in the Criminal Law Evidence System for Corruption Crimes Endy Sulistya Hudi Prayogo; Mohamad Tohari; Wieke Dewi Suryandari
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 1 (2024): Ranah Research : Journal Of Multidisciplinary Research and Development (Novembe
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i1.1262

Abstract

This study discusses the position and validity of corporate testimony as evidence in the criminal procedural law in Indonesia, particularly in corruption crimes. Corporate testimony is becoming increasingly relevant in the context of the complex structures of modern organizations that are often involved in corrupt practices. Although recognized as legal subjects, challenges in using corporate testimony as evidence include difficulties in identifying responsible parties, decentralized decision-making, and confidentiality policies that hinder access to important documents. This study also analyzes the obstacles faced by law enforcement in proving corporate testimony and its implications for justice and accountability. It is hoped that through this study, solutions can be identified to enhance the efficacy of proving corporate testimony in legal enforcement against corruption crimes.
Legal Protection of Advocates' Immunity Rights Dewi Suryandari, Wieke; Zaini, Naya Amin
International Journal of Law Social Sciences and Management Vol. 2 No. 1 (2025): International Journal of Law Social Sciences and Management
Publisher : Yayasan Meira Visi Persada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69726/ijlssm.v2i1.89

Abstract

The right to advocate immunity is the legal protection given to advocates who can practice their profession freely without the threat of criminal or civil charges. This right to immunity is regulated in Article 16 of Law Number 18 of 2003 concerning Advocates. However, the current legal protection is not yet fully effective because there is still a legal vacuum, especially in the scope of immunity rights outside the trial. As a result, advocates are still vulnerable to criminalization when performing their professional duties. This study aims to analyze the legal protection that is regulated and identify the shortcomings of regulations related to the right to advocate immunity. Using a normative legal approach, this study concludes that revisions and improvements are needed to clarify the limitations and scope of the right to immunity, including expanding the role of advocate organizations and educating law enforcement officers to prevent the criminalization of advocates.
Legal Vacuum Regarding the Election of the Head of the District Which is Followed by Only a Single Candidate Hono Sejati; Wieke Dewi Suryandari
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 2 No. 1 (2025): Januari : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v2i1.281

Abstract

This study seeks to examine the legal vacuum surrounding regional head elections that feature only a single candidate, as well as the legal implications that arise from this scenario. In a democratic system, the principle of popular sovereignty necessitates a fair and free electoral process; however, the absence of clear regulations for regional head elections with a solitary candidate can jeopardize the integrity of this principle. Employing a normative legal methodology with both legislative and conceptual approaches, this study investigates various regulations that govern regional head elections and assesses how this legal vacuum impacts the electoral process and the constitutional rights of citizens. Additionally, the study identifies several strategies to address the legal vacuum, which include establishing clear legal provisions for the election process involving a single candidate, implementing a plebiscite mechanism, and enhancing transparency throughout the electoral process. The findings suggest that a more definitive and explicit legal framework is essential to uphold the principle of popular sovereignty in regional head elections featuring a single candidate.
Law Enforcement of Defaults in Intellectual Property Rights as Digital Trade Objects Muhdar, Muhdar; Tohari, Mohamad; Suryandari, Wieke Dewi
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 3 No. 6 (2024): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v3i6.208

Abstract

The rise of information technology has highlighted the significance of Intellectual Property Rights (IPR), which protect creative efforts and economic investments. In the digital era, intellectual property rights have become a key means to support innovation, creativity, and healthy competition. This study aims to provide a comprehensive analysis and understanding of how to enforce laws regarding breaches of contract in the context of IPR within digital trade. The research contributes to the development of robust legal frameworks and practices in the digital economy. The research method used to write this is normative legal research method, which is legal research carried out by examining library materials and secondary data, where the approach used will be a normative juridical (statute approach) with descriptive-analytical character (Soerjowinoto, 2006). The normative approach is used to analyze Law Number 28 of 2014 concerning Intellectual Property rights and civil law, carried out through examining specific regulations or written laws related to the concept of law enforcement concerning intellectual property Rights as objects of digital trade.
The Urgency of Legal Protection of Digital Work Copyright Simanjuntak, Rio Putra; Lamijan, Lamijan; Suryandari, Wieke Dewi
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 3 No. 7 (2024): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v3i7.213

Abstract

With the development of the times, science and technology are developing very quickly, allowing traditional works which are usually in physical form to be transformed into digital format. This research aims to examine legal protection methods for intellectual works in a digital context and identify the role of the government in preventing piracy of digital works. This research uses a normative juridical approach, which views law from the perspective of texts in statutory regulations and norms or standards of behavior that are considered appropriate. Copyright Law Number 28 of 2014 Article 4 articulates that copyright is an exclusive right that includes moral rights and economic rights. Individuals who wish to use the Economic Rights of a work must obtain permission from the creator or copyright owner. The legal protection is confirmed by a firm and appropriate sanctions by law enforcers by existing legislation.
Urgency of Legal Reform for Restructuring Non-Legal Entity Companies Sultoni, Wahyudi; Dewi Suryandari, Wieke; Susilowati, Tri
Devotion : Journal of Research and Community Service Vol. 5 No. 11 (2024): Devotion: Journal of Community Research
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v5i11.20689

Abstract

This research discusses the urgency of legal reform related to the restructuring of non-legal entity companies, such as trading businesses (UD), partnerships, and commandite partnerships (CV). The study highlights the legal uncertainties faced by these entities, which hinder their ability to adapt to market dynamics, access financial resources, and engage in strategic restructuring actions like mergers, acquisitions, and separations. Using a normative legal research method, this study analyzes existing legislative frameworks, including overlaps between the Micro, Small, and Medium Enterprises Law (UU UMKM) and the Job Creation Law, which create significant challenges for non-legal entities. The findings reveal that the absence of clear legal guidelines for restructuring leads to hesitancy in strategic decision-making and restricts these entities from accessing vital investment opportunities. The research concludes that comprehensive legal reform is essential to provide clear, specific regulations, establish structured partnerships, and create a conducive business environment for non-legal entities. These reforms will empower businesses to innovate, compete, and sustain growth while enhancing their overall market competitiveness.
Urgency of Implementing Article 1365 of the Civil Code in Addressing Tortious Conduct in Electronic Transactions in Indonesia Siregar, Ahmad Rizky; Suryandari, Wieke Dewi; Sejati, Hono
Journal of World Science Vol. 3 No. 11 (2024): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v3i11.1235

Abstract

The rapid growth of electronic transactions has introduced new challenges, particularly concerning tortious conduct and the legal framework governing these interactions. In an increasingly digital era, electronic transactions have become a primary medium for commerce and business interactions, yet issues such as fraud and personal data violations have become more prevalent. Article 1365 provides a legal basis for individuals or entities suffering damages to file claims for compensation. This study examines the urgency of implementing Article 1365 of the Civil Code in addressing tortious conduct within electronic transactions in Indonesia. The objective is to analyze the applicability, limitations, and potential reforms needed to adapt Article 1365 to the digital context. A normative legal research method was employed, utilizing a statute and conceptual approach. Data were collected by analyzing legislative texts, legal literature, and case law. Data analysis involved qualitative content analysis to identify gaps and propose solutions. The findings reveal that Article 1365 provides a strong foundation for addressing tortious conduct, but its application in electronic transactions remains ambiguous, particularly regarding evidence collection and the definition of harm. This research introduces a novel perspective by emphasizing the necessity for specific regulations and institutional reforms to enhance legal certainty and address the unique challenges posed by electronic transactions. These recommendations aim to protect consumer rights, ensure fair business practices, and foster trust in Indonesia’s digital economy.
Reconstructing the Legal Framework of Standard Clauses in Insurance Agreements for Consumer Protection Suryadinata, Wawan; Zaini, Naya Amin; Suryandari, Wieke Dewi
Journal of World Science Vol. 3 No. 11 (2024): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v3i11.1236

Abstract

Standard clauses in insurance agreements often result in legal certainty and adequate consumer protection. This study aims to reconstruct the legal framework governing standard clauses in insurance agreements to enhance consumer protection and ensure legal certainty. Using a normative juridical research method, the study adopts a statute and conceptual approach. Data were collected from legislative texts, legal literature, and case studies involving disputes over standard clauses in insurance agreements. The analysis focuses on identifying weaknesses in the current legal framework and proposing solutions to address them. The results reveal that the unilateral drafting of standard clauses by insurers often diminishes consumer rights and creates imbalances in contractual relationships. This research highlights the need for simplification of legal language, active consumer participation in drafting agreements, and stricter regulatory oversight. The study contributes to developing a fairer insurance policy framework, promoting transparency, accountability, and consumer trust in the insurance industry.