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All Journal Notaire Jurnal Hukum Lex Generalis Journal of Private and Commercial Law
Rahmawati Emma Audrya Agustine
Universitas Airlangga
Law, Crime, Criminology & Criminal Justice

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Pertanggungjawaban Pidana Pelaku di Bawah Umur dalam Kasus Pemerkosaan dan Pembunuhan Clarisa Estefania Simangunsong; Hayyu Nur Anniza; Talitha Ariqa Rahma Irfani; Rahmawati Emma Audrya Agustine; Tiffany Angelita
Jurnal Hukum Lex Generalis Vol 6 No 7 (2025): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i7.1548

Abstract

The era of globalization facilitates access to information, including negative content that can trigger sexual crimes committed by minors, such as rape and murder. Although Law Number 11 of 2012 on the Juvenile Criminal Justice System regulates sanctions, victims' families consider the penalties which are only half of those for adults to be unjust. This normative juridical research employs a literature study with statutory, conceptual, and case study approaches. The findings indicate that criminal responsibility for offenders under the age of 18 cannot be transferred to their parents, and that current sanctions lack a deterrent effect. It is recommended that the Child Protection Law be reviewed and that harsher penalties be applied to perpetrators.
Hak Waris Anak Yang Lahir Dari Perkawinan Semarga Pada Masyarakat Adat Batak Toba di Perantauan Rahmawati Emma Audrya Agustine
Notaire Vol. 9 No. 2 (2026): NOTAIRE
Publisher : Fakultas Hukum Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ntr.v9i2.85737

Abstract

Basically, marriage in the Batak Toba indigenous community adheres to an exogamous marriage system and is carried out through honest marriage, with the aim of continuing the lineage, clan, and kinship. In its development, some of the Batak Toba indigenous community in exile have carried out same-clan marriages due to several factors. Therefore, this study will discuss the development of same-clan marriages among the Batak Toba indigenous community living abroad. The research questions in this study are the position of same-clan marriages among the Batak Toba indigenous community living abroad and the inheritance rights of children born as a result of same-clan marriages among the Batak Toba indigenous community living abroad. This study uses a legal research type with a legislative approach that refers to several laws and regulations related to the research topic, a conceptual approach that looks at the views and doctrines that have developed in law, and case studies related to the research topic. The results of this study show that marriage between relatives among the Batak Toba indigenous community abroad gives rise to two conditions, namely that the marriage is not recognized by the traditional leader and Dalihan Na Tolu because they still strictly uphold their customary law. However, under certain conditions, for example, if the marriage between relatives produces children, especially sons, then the marriage between relatives can be recognized on the condition that the married couple must carry out customary sanctions and pay a customary fine. If the marriage between relatives is recognized, the children born from the marriage can inherit their parents' (father's) property based on customary inheritance law. Conversely, if the marriage between relatives is not recognized, the children born from the marriage are not entitled to inherit based on customary inheritance law.
Validity of Land Rights Exchange Conducted by Private Law Subjects and Public Law Subjects Hanum Rahmaniar Helmi; Rahmawati Emma Audrya Agustine; Tiffany Angelita; Krisna Bayumurti
Journal of Private and Commercial Law Vol. 10 No. 2 (2026): November, 2026 (Issue in Progress)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v10i2.49237

Abstract

One of the methods of transferring land rights between private legal subjects and public legal subjects is land rights exchange. Land rights exchange occurs when an owner of a land right exchanges their right with another land right owned by another owner. Land ownership between a private legal subject and a public legal subject is valid if the applicable law is fulfilled. This research aims to investigate the validity terms in land right exchange between private legal subjects and public legal subjects. This research employs a legal normative method, with the approach methods applied being the statute approach and the case approach. As a result of this research, the land right exchange between private legal subjects and public legal subjects is valid as long as it fulfills the material and formal requirements stipulated in Law 5/1960, Government Regulation 24/1997, and other relevant regulations. At the very least, a land rights exchange is valid if the legal subject can exchange the land rights and the exchange process is conducted by the applicable law.
Co-Authors Clarisa Estefania Simangunsong Hanum Rahmaniar Helmi Hayyu Nur Anniza Krisna Bayumurti Talitha Ariqa Rahma Irfani Tiffany Angelita