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Fattinudin, Muhammad
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Penerapan Hukum Terhadap Pelaku Homo Seksual Di Bawah Umur: (Studi Kasus Putusan Nomor 377/Pid. Sus/2021/PN Nnk) Ramadhani, Annisa Sabrina; Fakhlur, Fakhlur; Fattinudin, Muhammad
Postulat Vol 2 No 2 (2024): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v2i2.1690

Abstract

The perpetrators and victims of homosexual crimes in my research are adults and of the same gender. An adult who has sexual relations with a child means committing a criminal act, violating morals, and not being socially accepted because it is not considered normal. The author wants to conduct research by concentrating on the following issues: 1. How the law is used for the second crime of sexual violence. Nunukan District Court number 377/Pid.Sus/2021/PN. The author uses normative juridical research myths, a type of legal research that focuses on legal principles, rules, court decisions, and principles contained in laws and regulations. This method allows legal research to find and understand relevant legal substance and make strong legal arguments. The government must continue to review and update laws related to sexual violence to become more effective. This should be done to ensure that all types of sexual violence are clearly regulated and provide comprehensive protection, including adjusting provisions to meet the needs of society. In addition, the government should protect and assist victims of sexual violence by providing comprehensive medical and psychosocial services to help them recover, such as counseling, therapy, and good medical care. By following these suggestions, governments can strengthen the legal system, protect victims of sexual violence, and make the country fairer and safer.   Keywords : application of the law, seksual violence, obscenity, same
Analisa Yuridis Pelanggaran Administrasi Dalam Perkawinan Poligami. (Studi Kasus : Putusan No 158/Pdt.G/2024/PTA.Bdg) Hadi, Fajri Setiyo; Fattinudin, Muhammad
Postulat Vol 3 No 1 (2025): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v3i1.1833

Abstract

This study aims to provide a legal analysis of the practice of polygamy based on the Compilation of Islamic Law (KHI) and Marriage Law in Indonesia and its impact on population control. Polygamy in Indonesia is regulated in the KHI, and men who wish to practice polygamy must meet certain requirements, such as obtaining permission from the first wife or the court. However, in practice, violations of these rules often occur and cause legal and administrative problems. This study uses a qualitative method approach by reviewing various laws and regulations, court decisions, and related literature. Interviews were also conducted with lawyers, population administration officers, and polygamists. The research findings show that although the KHI and the Marriage Law provide a clear legal framework for polygamy, their implementation often encounters obstacles in practice. Polygamy is often carried out without proper procedures, such as without the permission of the first wife or court approval. This gives rise to various legal problems, including administrative sanctions and legal uncertainty for wives and children who practice polygamy. In addition, violations of polygamy regulations also have implications for population control. In many cases, the status of polygamous marriages is not properly recorded on population documents such as family cards or birth certificates. This causes difficulties in family management and civil rights. The study calls for stricter prosecution of polygamy violations, greater legal involvement of the community, and a population control system to ensure that all marriages are properly registered and family rights are protected.