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All Journal Media Hukum Indonesia (MHI)
Larasati, Giaby Amanda
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Law, Crime, Criminology & Criminal Justice

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Perbuatan Melawan Hukum (PMH) Sebagai Perikatan Yang Lahir Karena Undang-Undang: Implikasi Terhadap Penentuan Ganti Rugi Febriansyah, Raafid; Kurniawan, Zhufar Athalla; Syahladin, Firny Ramadina; Larasati, Giaby Amanda; S, Surahmad
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14242631

Abstract

Unlawful acts are an obligation arising from the law and their impact on determining compensation. In an increasingly complex era of globalization, individuals are often involved in cooperation that requires a strong understanding of the law of obligations regulated in the Civil code. The legal relationship between the parties must be legally recognized by fulfilling the requirements for the validity of the agreement. The purpose of this study is to analyze how to determine the amount of compensation arising from Unlawful Acts, as well as the variables that influence the application of the principle of propriety in court decisions. By using a normative legal approach, this study found that determining compensation requires four important elements: the existence of an Unlawful Act, losses, a causal relationship between the loss and the Unlawful Act, and an error by the party committing the Unlawful Act. These findings are expected to contribute to legal practice and the court's handling of cases related to Unlawful Acts.
Evaluasi Proses Penyusunan dan Pengesahan Rancangan Undang-Undang Tindak Pidana Kekerasan Seksual Patricia, Zefanya; Larasati, Giaby Amanda; Fiandie, Ursula Jacqueline
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14253263

Abstract

Sexual violence is a universal issue that cause significant negative impacts on its victims. In addition to deliver impacts on the victim's physical health, sexual violence also leaves a deep traumatic experience. In addition to being contrary to applicable laws and norms, sexual violence is also very contrary to the principles of humanity that are firmly held through human rights. The birth of the Draft of Sexual Violence Crime Law or better known as the RUU TPKS is an important step for Indonesia to strengthen the legal basis for dealing with various forms of sexual violence. Although at the end of its journey the draft has successfully legalized, the long journey of the RUU TPKS reflects the complexity in formulating policies aimed to protect vulnerable groups. This study aims to analyze and reflect the urgency and inhibiting factors in the preparation and ratification of the Draft of Sexual Violence Crime Law.
Co-Authors Febriansyah, Raafid Fiandie, Ursula Jacqueline Kurniawan, Zhufar Athalla Patricia, Zefanya S, Surahmad Syahladin, Firny Ramadina