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Proceedings Series on Social Sciences & Humanities

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Published by Universitas Muhammadiyah Purwokerto

ISSN : - EISSN : 2808103X DOI : https://doi.org/10.30595/pssh.v2i.92

Core Subject : Social,

Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

The Proceedings Series on Social Sciences & Humanities aims to publish proceedings from conferences on the scope: 1. Business, Management & Accounting 2. Social Sciences (General)

Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)

Articles 1,156 Documents

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Legal Protection for Gojek Drivers Against Fictitious Orders with Cash On Delivery Payment Aulia Raihan
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1025

Transportation and humans are two things that cannot be separated. Currently, people often use transportation services with an online system in the form of applications on smartphones, especially Gojek. One of the Gojek services is the existence of food delivery services or Gofood, this service makes it very easy for consumers who cannot buy food directly. However, when doing their job it is not uncommon for the driver to experience losses, especially during cash on delivery transactions. This is due to fictitious orders by irresponsible consumers which can cause losses to drivers. Based on this background, this paper raises the following problem formulations a) How is legal protection for gojek drivers against fictitious orders with cash on delivery payments? b) How is the form of corporate liability of PT Gojek Indonesia for gojek drivers against fictitious orders with cash on delivery payments? The type of research used is normative juridical research, namely research that examines statutory provisions. Legal research uses various approaches with the aim of obtaining information from various aspects of the problem under study. The results of this study are that the legal protection of gojek partners for GoFood fictitious orders made by consumers is still not optimal. However, referring to article 1267 KUHPer gojek partners get legal protection when consumers make fictitious order actions, on the other hand these consumers have violated article 5 point (b) of Law Number 8 Year 1999 concerning Consumer Protection. PT Gojek Indonesia provides compensation in the form of a full refund in accordance with the loss of fictitious orders experienced by gojek drivers as a form of PT Gojek Indonesia's responsibility with its partners. The compensation process can be claimed by the customer to the Gojek Indonesia company with the loss claim procedure as determined by PT Gojek Indonesia. Submission of compensation claims can be submitted to the Branch Office of the gojek driver's operational area.

Judges' Consideration of Underage Marriage Dispensation Cases (Study of Decision Number 28/Pdt.P/2023/PA.Pwt) Chikita Inezia Aletha Putri
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1026

Marriage can be carried out if it meets the requirements in accordance with Marriage Law Number 1 of 1974 which states that marriage can be carried out if the man is 19 years old and the woman is 16 years old. But if in the event that a marriage will be carried out under this age, it is necessary to have a marriage dispensation from the authorized party, namely the court. A judge is asked for the discretion to decide on a marriage dispensation case either granting or refusing accompanied by strong considerations and reasons. An application for marriage dispensation is submitted by both male and female parents to the Religious Court for those who are Muslims in the area where they live. Judges as one of the pillars in the judicial process and law enforcement in the judicial area, namely receiving, examining, deciding and resolving cases that enter the court. This article is part of research that has been conducted in a normative juridical manner based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this research and the problem to be studied is the consideration of judges in religious courts related to underage marriage dispensation cases. It is concluded that dispensation to enter into underage marriage is the absolute competence of the Religious Court for people who are Muslims. On the basis of the judge's consideration, the panel of judges will reject or grant the application in the form of a decision.

The Application of Criminal Sanctions for Perpretrators of Sexual Violence Against Children with Disabilities Cinta Mawar Lintang Dinasti
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1027

Sexual violence against children is one of the new forms of crime, which involves children as the next generation of the nation, so that the crime is quite a concern among the community. Child protection is an effort to create a situation where all children can carry out their obligations and rights. As for the implementation of balance in a society, legal protection should be sought in various aspects of state and social activities. Children with disabilities are often the main target to be used as victims of criminals, discrimination and sexual violence. This can be seen from the increase in criminal cases against women and children with disabilities which tend to increase from year to year. The purpose of this study is to determine the legal protection of children with disabilities as victims of sexual violence and criminal sanctions against perpetrators of sexual violence against children with disabilities. The method used is a normative method along with statutory and conceptual approaches. The results of the study say that legal protection of children as victims of sexual violence is contained in article 1 paragraph (2) of Law No. 35 of 2014 concerning child protection, namely so that the child gets security and his rights as a child. The implementation of good rule enforcement based on proportional guidelines must seek to create an overall balance value, which includes the value of balance by the victim, the criminal, and the people as a whole.

Juridical Review of Motorcycle Drivers with the Level of Safety at SMP Negeri 1 Padaherang Dimas Adittia Nugraha
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1028

The development of the times has made the younger generation have a lot of expertise in all fields,but on the other hand many young people are doing social deviations today. One of them was riding a motorbike by a minor. The facilities provided by parents aim to make it easier to study at school. This study aims to determine the level of vehicle use by minors and the level of safety, the factors that influence the use of vehicles by minors and to analyze in order to find out more about the use of motorized vehicles by minors in the Pangandaran Regency area. especially at SMP NEGERI 1 PADAHERANG. The results of the study showed an increase in the number of underage drivers, especially at SMP NEGERI 1 PADAHERANG School students in the Pangandaran Regency area. Factors in the use of motorized vehicles by minors are internal factors and external factors. The policy strategy for preventing the motor level of vehicle use by students in Pangandaran Regency is by means of preventive and repressive efforts.

Juridical Review of Efforts to Prevent Misuse of Firearms Against Police Officers Diva Fadllan Nur Setiawan
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1029

Lately there have been many police cases, especially violations in the field of firearms abuse. This situation is very regrettable where the misuse of firearms is carried out by the police officers themselves who are supposed to protect the community. This proves the increasingly poor image of the Police in the midst of society. The purpose of this research is to find out the factors causing the misuse of firearms committed by law enforcement officials, especially police officers. The research method used in this research is the literature method, which is normative juridical, meaning that the approach taken by examining the approach of theories, concepts, examining the legislation concerned with the opinions of scholars. The results of this study are factors that cause firearm abuse, namely: Psychological Factors and Economic Factors. Unstable psychological (emotional) factors from police officers, stress due to family problems or other personal problems so that abuse is very easy to occur. While the economic factor is the lack of welfare of the members themselves which then makes a police officer with short thinking do things that are actually very prohibited and have been listed in the law as dangerous criminal acts. Repressively, namely by examining the psychological aspects of the applicant (member), periodically and conducting coaching and training for members who have permission to hold firearms. Repressively is by providing action or punishment in accordance with what is done in accordance with applicable legislation.

A Comprehensive Review of Early Marriage in Indonesia Dwi Utami
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1030

Early marriage is a common social phenomenon in Indonesia that has significant impacts on individuals, families and communities. In addition, early marriage can hinder the physical, emotional and psychological development of adolescents as well as education and the economy. To overcome the problem of early marriage, it is important to understand the factors that influence it. Therefore, this study aims to analyze the factors that influence the occurrence of early marriage and efforts to reduce it. The research method used is normative juridical, namely with statutory documents and literature studies related to the research. The results show that there are several factors that influence the occurrence of early marriage. These factors include family factors, economic factors, cultural factors, educational factors and so on. These factors are interrelated and influence individual decisions in deciding to marry at a relatively young age. Therefore, it is necessary to make several efforts to reduce early marriage, such as increasing legal awareness, strengthening education, and developing policies that focus on the protection of children and adolescents.

Legal Protection Fulfillment of the Rights of Child Victims of Sexual Violence Inayatul Khaqu Al-Amini; Yusuf Saefudin
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1031

Children are part of the younger generation as one of the human resources who are the potential and successors of the nation's struggle ideals. Based on data from the Ministry of PPPA, there were also 8,478 cases of violence against women in 2021, of which 15 percent or 1,272 cases were cases of sexual violence. The problem of sexual violence in children is very concerning because of the tremendous negative impact experienced by children after the incident even after many years of the incident have passed. The recovery of child victims of sexual crimes is a complex issue in the psychological recovery of child victims. But unfortunately, the law in Indonesia is still only focused on how to provide punishment for perpetrators, but has not paid attention to how the physical and psychological condition of the victim. Therefore, it is necessary to formulate preventive (preventive) and curative (healing) measures carried out by all parties to be able to fulfill the rights of victims, especially physical and psychological trauma assistance. The purpose of this study is to determine how preventive and curative steps to assist physical and psychological trauma as a form of fulfilling the rights of child victims of sexual violence. The research method used is normative juridical, which is a type of legal research that uses research materials in the form of theories, concepts, legal principles, and legal regulations that concern the subject of research or in other words normative juridical research is research that uses sources from literature or secondary data. The results of this study are how preventive and curative efforts to assist physical and psychological trauma as a form of fulfilling the rights of children victims of sexual violence are appropriate and who can contribute to these efforts.

Juridical Analysis of the Judge's Decision on the Case of Planned Murder Committed by a Child (Case study of decision 5/Pid.Sus-anak/2023/PN.Mks) Erfinda Septiana
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1032

Premeditated murder is the crime of taking the life of another human being, or killing, after planning the time or method, with the aim of ensuring the success of the murder or to avoid arrest. Many cases of premeditated murder which are prohibited acts and regulated in the Criminal Code contained in Article 340, however, this is certainly different if the murder is committed by a child who uses Law Number 35 of 2014 concerning Child Protection. Based on this, the researcher is interested in further examining whether the sanctions given have been justified and are in accordance with the applicable law. This article is prepared to examine and determine the suitability of the application of sanctions for premeditated murder committed by children in review of Decision Number 5/Pid.Sus-anak/2023/PN.Mks. In addition, this article also aims to find out the judge's consideration in imposing sanctions or punishment on the perpetrator. The writing of this article uses normative legal research methods based on the study of laws to answer the legal problems at hand. Based on this research, it is reviewed from the decision Number 5/Pid. Sus-anak/2023/PN. Mks. Then the perpetrator was sentenced to 10 (ten) years imprisonment. Based on Article 80 Paragraph (3) of Law of the Republic of Indonesia Number 35 of 2014 amending Law Number 23 of 2002 concerning Child Protection which explains that every person who commits violence against a child causing death is punishable with a maximum imprisonment of 5 (five) years.

Existence of the 1x24 Hours Mandatory Reporting Guest Regulation in Order to Maintain Order and Peace in the Community Environment of Purbalingga Regency Amanda Khaerunnisa
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1036

The Purbalingga Regency Government, in providing services regarding order, security, and tranquility, is regulated by Purbalingga Regency Regional Regulation Number 9 of 2016 concerning Public Order and Community Peace in Purbalingga Regency. In the process of upholding order and tranquillity in the community, the implementation of policies that have been made by the local government is a process of the stages of public service policy, especially regarding the policy of mandatory 1x24 hour reporting guest regulations whose targets are migrants from outside certain areas. However, the regulations do not openly explain the existence of these regulations, so this has led to many perceptions about the product of the policy rules. The purpose of this study is to implicate and analyse the 1x24 hour mandatory guest report regulation with Regional Regulation Number 9 of 2016 concerning Public Order and Community Peace in Purbalingga Regency. The method used in this research is descriptive qualitative method. The results of this study show that there is an interrelated relationship between the 1x24 hour mandatory guest report regulation and Regional Regulation Number 9 of 2016 concerning Public Order and Community Peace in Purbalingga Regency. Suggestions from the research results to the Purbalingga Regency Government as a basis for making legislation on public order that directly mentions the mandatory 1x24 hour guest report.

Criminological Review of the Crime of Sexual Violence Against Children (Case Study in Banyumas Regency) Imam Maulana Muhammad; Yusuf Saefudin
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1039

This legal writing aims to examine factors in terms of Criminology of Sexual Violence Against Children handled by UPTD PPA Banyumas Regency. This research is included in the type of Normative research. This research uses secondary data. Secondary data is obtained through data on cases of sexual violence 2021 UPTD PPA banyumas district, books, scientific journals, and so on. The data collection technique used is literature study. The data analysis technique uses descriptive analysis. . Based on the results of the research, it can be obtained that the perpetrators of sexual violence against children must have committed their crimes due to the factors that cause crime, namely factors originating from within the perpetrator (internal factors) and factors from outside the perpetrator (external factors). From the data analysis, it was found that sexual violence against children was 86.84%, the gender of victims was dominated by women, 86.84%, the age of victims was dominated by 14-18 years old, 57.89%, the most common form of sexual violence was intercourse, 44.74%, victims of sexual violence were dominated by students, 76.32%, the most victims had a junior high school education, namely 44.74%, the relationship between the perpetrator and the victim was dominated by boyfriends and other people, namely 23.69%, the locus of sexual violence was most often found in the public domain, namely 57.89%, and the follow-up handling of sexual violence cases was mostly resolved by litigation, namely 84.21%.

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Editorial Address Lembaga Publikasi Ilmiah dan Penerbitan (LPIP) Universitas Muhammadiyah Purwokerto Jl. KH. Ahmad Dahlan, PO BOX 202 Purwokerto 53182 Kembaran, Banyumas, Jawa Tengah

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Contact Name
Totok Haryanto

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Journal Mail Official
proceedingssocial.ump@gmail.com

Editorial Address
Lembaga Publikasi Ilmiah dan Penerbitan (LPIP) Universitas Muhammadiyah Purwokerto Jl. KH. Ahmad Dahlan, PO BOX 202 Purwokerto 53182 Kembaran, Banyumas, Jawa Tengah

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INDONESIA