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All Journal Kosmik Hukum PALAR (Pakuan Law review) NOMOI Law Review
Jevis, Weldy
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection of Children’s Rights in Conflict With The Law From Power Intervention Hosnah, Asmak Ul; Jevis, Weldy; Nuraeny, Henny; Ahmad, Asmida
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.24967

Abstract

This study aims to examine the legal protection of the rights of children in conflict with the law, particularly in preventing power intervention within the juvenile criminal justice system in Indonesia. The background of this research is based on the prevalence of injustices faced by children due to weak oversight in the implementation of regulations, such as Law Number 11 of 2012 on the Juvenile Criminal Justice System and Law Number 35 of 2014 on Child Protection. The main issue raised is the gap between legal norms and their practical application in the field. The research methodology employs a normative and empirical juridical approach. Data were collected through document studies, in-depth interviews with law enforcement officers, children's families, and legal experts, as well as case study analyses, such as the case of Vina Dewi Arsita in Cirebon. The findings reveal instances of power abuse that harm children and highlight the weak implementation of restorative justice and rehabilitation principles within the juvenile criminal justice system. This study recommends a more effective legal protection model based on restorative justice, involving collaboration between law enforcement, government, families, and communities. It is hoped that this model will enhance transparency, justice, and the protection of children's rights.
CHALLENGES AND IMPLICATIONS OF THE SINGLE BAR SYSTEM ON LEGAL PROTECTION FOR ADVOCATES IN INDONESIA Jevis, Weldy; Hosnah, Asmak; rohaedi, Edi
NOMOI Law Review Vol 6, No 1 (2025): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i1.24109

Abstract

The large number of advocates in Indonesia requires every advocate to be registered and joined in an association or organization. With the many advocate organizations in Indonesia, PERADI as an organization recognized by the state as a forum for advocate organizations to gather. PERADI is also a manifestation of the adoption of the single bar system in Indonesia. In the context of Indonesian law, advocate organizations must be registered with the Indonesian Advocates Association (PERADI) to obtain legal protection. However, many advocate organizations choose not to join Peradi, thus creating uncertainty regarding legal protection for their members. This study uses a normative juridical approach with a literature study to examine the legal norms governing the advocate profession, especially those related to the legal position of non-Peradi organizations, as well as the single bar system implemented in Indonesia. The research findings show that although non-Peradi organizations have temporary authority to carry out certain functions, their legal status is still ambiguous and affects the legal protection provided to their members. In addition, the implementation of the single bar system in Indonesia provides advantages in terms of supervision and professional development, but also faces major challenges in terms of accessibility of advocates in remote areas to services provided by PERADI.
Juridical Analysis of Decision No. 337/Pid.Sus/2020/PN. Jkt.Sel in the Perspective of Money Laundering and the Criminal Code Hosnah, Asmak Ul; Djakarsih Putro, Sapto Handoyo; Jevis, Weldy; Prihatini, Lilik; Sinaga, Walter Aaron Life; Zacharias, Vasco Javarison; DRD, Moch Ilham
PALAR (Pakuan Law review) Vol 11, No 4 (2025): Volume 11, Number 4 October-Desember 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i4.13202

Abstract

 Abstract  The purpose of this legal research is to elaborate and explain fundamentally the judge's legal considerations in Decision Number 337/Pid.Sus/2020/PN. Jkt.Sel related to the application of the provisions of the Money Laundering Crime (TPPU) and its relation to the Criminal Code (KUHP). Based on the verdict, the defendant Ir. Roni Wijaya was proven to have legally committed a tax crime as stipulated in Article 39A letter a of Law Number 28 of 2007 jo. Article 64 paragraph (1) of the Criminal Code and the crime of money laundering as stipulated in Article 3 of Law Number 8 of 2010. This type of research is a normative legal research that is descriptive and analytical, with a statutory approach and a case approach, using secondary data through literature studies and qualitative analysis. The results of the study show that the application of the TPPU article in this decision has reflected the double track system of criminality, where the predicate crime in the form of tax violations is the basis for proving TPPU. The merging of the provisions of the Anti-Corruption Law and the Criminal Code shows the application of the principle  of lex specialis derogat legi generali in criminal law. Thus, this decision affirms the consistency of the application of the law to economic crimes that have a systemic impact on state finances. Keywords: Money Laundering Crime, Decision Number: 337/Pid.Sus/2020/PN. Jkt.Sel, Criminal Code. 
Co-Authors Ahmad, Asmida Asmak UI Hosnah Djakarsih Putro, Sapto Handoyo DRD, Moch Ilham Edi Rohaedi Henny Nuraeny Hj. Lilik Prihatini Hosnah, Asmak Sinaga, Walter Aaron Life Zacharias, Vasco Javarison