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All Journal Unes Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum
Yudas Swastika, I Gusti Bagus
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Tinjauan Yuridis Kedudukan Amicus Curiae Terhadap Anak Pelaku Pelecehan Seksual Rusmini Gorda, AAA. Ngurah Tini; Yudas Swastika, I Gusti Bagus
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

Children as child offender who is not yet 18 years old has been suspected of commiting a criminal act. A criminal act sexual harassment is a crime that is often committed by minors in the form of ex pressions, actions until physical intercourse. So that in this case the concept of “amicus curiae” can help examine and clarify the case of a child perpetrator of sexual harassment in proving a crime. In this studyiaimsutoideterminelthe mechanismsof “amicus curiae” position towards children as perpetrators of sexual harassment and the research method used was normative research method or research using literature study by examing primaryllegalsmaterials, secondary legal materialsand tertiaryylegalsmaterials. So that thehresult ofithis study indicatesthataposition of “amicus curiae” in a criminal act as evidence can be in writing and not in writing. “Amicus Curiae” if it is linked to evidence of article 184 KUHAP ofrthe criminalkproceduremcode, “amicus curiae” can be classified in material evidencetof letter and intructions but not formally. And the concept of amicus curiae canihelp examine and clarify the juvenite criminal justice process as a perpetrator of sexual harassment who is studied from a philosophical, sociological, and juridical perspective by providing a basis for consideration to the judge related to a child perpetrators of sexual harassment and this case the judge can use the concept of a amicus curiae in deciding the sentence for a child perpetrators of sexual abuse by putting forward the best principles for Children without sacrifing children’s rights.
Legal Protection Due to Flight Delays Reviewed from Transportation Law in Indonesia Nandari, Ni Putu Sawitri; Yudas Swastika, I Gusti Bagus; Julia Mahadewi, Kadek; Suderana, I Wayan; Rusmana, I Putu Edi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5471

Abstract

As an air transport passenger, it is very important to know about the rights as consumers so that when there are irregularities or violations, passengers can demand their rights to be fulfilled. Currently, it is not uncommon in air transportation activities, airlines do not fulfill their obligations as business actors. The problem in this study is what is the legal protection due to flight delays in terms of transportation law in Indonesia? and what efforts can be made by passengers in minimizing flight delays? The research method used in this study is normative legal research with a statutory approach, a fact approach, and a conceptual approach. This research uses primary legal materials and secondary legal materials. The technique of collecting legal materials used in this study was obtained from literature research. In this study, the legal material analysis technique used is a juridical descriptive technique. Preventive legal protection in flight delays is regulated in Article 146 of Law Number 1 of 2009 concerning Aviation. Meanwhile, repressive legal protection in resolving disputes that have arisen due to flight delays is regulated in Article 9 paragraph 1 of the Minister of Transportation Regulation Number 89 of 2015 regulating flight delay compensation. Provisions related to administrative sanctions for business actors who have violated their obligations are regulated in Article 60 paragraph 2 of the Law. Efforts that passengers can make in minimizing delays are by choosing a reliable airline by paying attention to On Time Performance (OTP) as a service standard
Co-Authors I Putu Edi Rusmana I Wayan Suderana Kadek Julia Mahadewi Ni Putu Sawitri Nandari Rusmini Gorda, AAA. Ngurah Tini