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<![CDATA[Legal Protection for Gojek Drivers Against Fictitious Orders with Cash On Delivery Payment ]]>
<![CDATA[Raihan, Aulia]]>
<![CDATA[ Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023) ]]>
Publisher : <![CDATA[UM Purwokerto Press ]]>
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DOI: 10.30595/pssh.v14i.1025
<![CDATA[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.]]>
<![CDATA[Judges' Consideration of Underage Marriage Dispensation Cases (Study of Decision Number 28/Pdt.P/2023/PA.Pwt) ]]>
<![CDATA[Putri, Chikita Inezia Aletha]]>
<![CDATA[ Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023) ]]>
Publisher : <![CDATA[UM Purwokerto Press ]]>
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DOI: 10.30595/pssh.v14i.1026
<![CDATA[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.]]>
<![CDATA[The Application of Criminal Sanctions for Perpretrators of Sexual Violence Against Children with Disabilities ]]>
<![CDATA[Dinasti, Cinta Mawar Lintang]]>
<![CDATA[ Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023) ]]>
Publisher : <![CDATA[UM Purwokerto Press ]]>
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DOI: 10.30595/pssh.v14i.1027
<![CDATA[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.]]>
<![CDATA[Juridical Review of Motorcycle Drivers with the Level of Safety at SMP Negeri 1 Padaherang ]]>
<![CDATA[Nugraha, Dimas Adittia]]>
<![CDATA[ Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023) ]]>
Publisher : <![CDATA[UM Purwokerto Press ]]>
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DOI: 10.30595/pssh.v14i.1028
<![CDATA[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.]]>
<![CDATA[Juridical Review of Efforts to Prevent Misuse of Firearms Against Police Officers ]]>
<![CDATA[Setiawan, Diva Fadllan Nur]]>
<![CDATA[ Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023) ]]>
Publisher : <![CDATA[UM Purwokerto Press ]]>
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DOI: 10.30595/pssh.v14i.1029
<![CDATA[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.]]>
<![CDATA[A Comprehensive Review of Early Marriage in Indonesia ]]>
<![CDATA[Utami, Dwi]]>
<![CDATA[ Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023) ]]>
Publisher : <![CDATA[UM Purwokerto Press ]]>
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DOI: 10.30595/pssh.v14i.1030
<![CDATA[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.]]>
<![CDATA[Legal Protection Fulfillment of the Rights of Child Victims of Sexual Violence ]]>
<![CDATA[Al-Amini, Inayatul Khaqu]]>;
<![CDATA[Saefudin, Yusuf]]>
<![CDATA[ Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023) ]]>
Publisher : <![CDATA[UM Purwokerto Press ]]>
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DOI: 10.30595/pssh.v14i.1031
<![CDATA[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.]]>
<![CDATA[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) ]]>
<![CDATA[Septiana, Erfinda]]>
<![CDATA[ Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023) ]]>
Publisher : <![CDATA[UM Purwokerto Press ]]>
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DOI: 10.30595/pssh.v14i.1032
<![CDATA[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.]]>
<![CDATA[Legal Protection for Employees Who Continue to Work During Eid Al-Fitr (Sudi SPBU Pertamina Majapura Village, Bobotsari Subdistrict) ]]>
<![CDATA[Arnando, Faisal]]>
<![CDATA[ Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023) ]]>
Publisher : <![CDATA[UM Purwokerto Press ]]>
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DOI: 10.30595/pssh.v14i.1033
<![CDATA[Eid al-Fitr is a special day, because on this day almost all industrial sectors and offices are closed to all employees. The reason for this is so that workers can perform worship and gather with their loved ones. However, not all workers can experience Eid al-Fitr with their families because they have to keep working on that day. One of the work sectors that requires workers to continue working on Eid al-Fitr is the fuel oil and gas industry, this has been regulated in the Decree of the Minister of Manpower and Transmigration of the Republic of Indonesia Number: KEP.233 /MEN/2003 concerning Types and Nature of Work Performed Continuously. Although there are legal rules that are binding and compelling, on the other hand, it should also be noted that there are workers' rights that must be fulfilled by the employer. The reality is that when Pertamina gas station workers in Majapura Village, Bobotsari Subdistrict work during Eid al-Fitr, they do not get the fulfilment of their rights that they should get. This sparked the author to compile this article with the aim of providing knowledge of legal protection that should be obtained by Pertamina gas station workers in Majapura Village, Bobotsari District with empirical juridical research methods and sociological approach methods.]]>
<![CDATA[Legal Protection Strategies for Underage Victims of Bullying and How to Prevent it in Elementary School Environments ]]>
<![CDATA[Firdausa, Salsabila]]>
<![CDATA[ Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023) ]]>
Publisher : <![CDATA[UM Purwokerto Press ]]>
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DOI: 10.30595/pssh.v14i.1034
<![CDATA[Bullying is a repeated negative behavior that intends to cause displeasure or pain by others, either one or several people directly against someone who is unable to resist it. Forms of behavioral deviations that occur in elementary school students are not only in the form of violence but also forms of aggressive behavior. In fact, things that are considered normal behavior by elementary school children are sometimes classified as behavioral deviations. Starting from just mocking their friends, hitting, pinching, and others. Teachers assume that school bullying behavior that occurs is a process of student development and there is no follow-up from teachers to overcome the problem of school bullying behavior that occurs in schools so that school bullying behavior occurs more often repeatedly due to the lack of response from teachers to school bullying behavior that occurs in the classroom and school environment. The purpose of this study is to determine the implementation of legal protection for underage victims of bullying in the elementary school environment and what obstacles affect it in terms of applicable laws and regulations. This research uses a juridical approach. The types and sources of data consisting of primary data sourced from the field, in the form of interviews and observations. Based on the results of research that has been conducted by the author, the research is analyzed using the empirical juridical approach method. From this research, it can be concluded that many educators do not know the regulations regarding bullying and there are no obstacles to schools to teach bullying actions so that many bullying activities occur in schools.]]>
