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Implementasi Diversifikasi Penanganan Anak Sebagai Pelaku Tindak Pidana Kekerasan
Muhammad Isya, Ibrahim
Proceedings Series on Social Sciences & Humanities Vol. 17 (2024): Proceedings of Seminar International Legal Development in Twenty-First Century Era
Publisher : UM Purwokerto Press
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DOI: 10.30595/pssh.v17i.1113
This This research discusses the implementation of the juvenile justice system in Indonesia with a focus on the application of the concept of diversion as an effort to protect children in conflict with the law. Children, as assets for the nation's future, often face various problems, including delinquency and criminal behavior which is worrying. Along with the flow of globalization, the development of information technology has had both positive and negative impacts on children, who often imitate the inappropriate behavior they see in the media. This research uses empirical juridical methods by collecting facts from human behavior both through interviews and observations. direct. The research results show that the application of diversion is effective in providing protection and rehabilitation to children in conflict with the law, as well as preventing them from repeating criminal acts in the future. Apart from that, this research also highlights the importance of synergy between aspects of structure, substance and legal culture in implementing diversion. Thus, diversion in the juvenile criminal justice system in Indonesia provides an opportunity to safeguard the best interests of children and prevent them from the negative stigma of the formal justice process. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System is the main legal basis for implementing diversion, which is expected to increase legal protection for children and optimize their rehabilitation.
Analisis Penggunaan Bom Termobarik dalam Konflik Bersenjata Ditinjau dari Perspektif Hukum Humaniter Internasional
Persada, Galang Bakti
Proceedings Series on Social Sciences & Humanities Vol. 17 (2024): Proceedings of Seminar International Legal Development in Twenty-First Century Era
Publisher : UM Purwokerto Press
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DOI: 10.30595/pssh.v17i.1114
Konflik bersenjata, atau perang, merupakan hal yang tak lepas dari sejarah umat manusia. Perang membawa kesengsaraan dan penderitaan bagi umat manusia. Umat manusia telah melalui sejarah kelam pada abad ke-19 yaitu meletusnya Perang Dunia I dan Perang Dunia II. Konflik bersenjata itu sendiri hal yang sulit untuk dapat dihindari. Penelitian ini menggunakan metode penelitian hukum normative dengan pendekatan perundang-undangan. Bahan hukum yang digunakan dalam penelitian ini meliputi peraturan perundang-undangan, buku hukum dan artikel ilmiah, serta materi online yang membahas tentang penggunaan Bom Termobarik. Penilaian senjata apa pun harus mempertimbangkan karakteristik teknis, desain, dan tujuan penggunaan senjata. Senjata termobarik, secara umum, diklasifikasikan sebagai senjata ledakan yang ditingkatkan. Lebih khusus lagi, senjata-senjata ini adalah subkomponen dari senjata volumetrik – yaitu, senjata yang menggunakan oksigen dari udara untuk menciptakan ledakan suhu tinggi. Tidak ada instrumen internasional yang secara khusus membahas legalitas kepemilikan atau penggunaan senjata termobarik. khusus. Prinsip dan aturan hukum adat umum HHI juga harus dievaluasi untuk menentukan legalitas penggunaan senjata termobarik. Prinsip-prinsip HHI yang relevan termasuk larangan menyebabkan SI/AS, serta larangan terhadap senjata sembarangan.
Perlindungan Hukum dan Kebijakan Tarif Pajak Terhadap Trader Crypto di Indonesia
Syah Budianto Chai Putra, Reinan
Proceedings Series on Social Sciences & Humanities Vol. 17 (2024): Proceedings of Seminar International Legal Development in Twenty-First Century Era
Publisher : UM Purwokerto Press
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DOI: 10.30595/pssh.v17i.1115
Cryptocurrency investment in Indonesia has become an increasingly popular topic as people's interest in digital assets increases. Although there is potential for huge profits, there are also risks that need to be considered. The Indonesian government takes a cautious stance in regulating cryptocurrencies. Clear regulations still do not exist, although in 2019, the Commodity Futures Trading Supervisory Agency (BAPPEBTI) issued regulations recognizing cryptocurrencies as commodity futures that can be traded on futures exchanges. Bank Indonesia has issued a statement reminding the public of the risks associated with the use of digital currencies, but there has been no outright ban on their use. There are also concerns regarding the misuse of cryptocurrencies for illegal purposes, such as money laundering and terrorism financing, which are continuously monitored by governments and financial regulatory agencies. Despite regulatory uncertainty, interest in cryptocurrencies continues to grow in Indonesia, and more and more companies and individuals are interested in understanding and using this technology.
Tinjauan Yuridis Pelaku Tindak Pidana Kejahatan Seksual pada Anak dibawah Umur
Putra, Bima Mandala
Proceedings Series on Social Sciences & Humanities Vol. 17 (2024): Proceedings of Seminar International Legal Development in Twenty-First Century Era
Publisher : UM Purwokerto Press
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DOI: 10.30595/pssh.v17i.1116
The criminal act of sexual violence that often disturbs society is sexual violence against children committed by adults. This is because children are physically weak so it is easier for adults to commit crimes. This research uses a type of normative juridical legal research. The research approach method used in this research is a statutory approach and an analytical approach. In this research, secondary data is used, namely data obtained from library research by collecting legal materials. Conclusions are made deductively, which means drawing conclusions from general things to specific things. Based on the results of research and discussion of the Juridical Review on Punishment for Perpetrators of Sexual Relations with Children, in this case the judge determines whether a person is guilty or not because the judge is God's representative in determining the length of the sentence. guided by the minimum and maximum threat provisions formulated in the law. -invitation. The minimum and maximum criminal threats have been formulated generally in the Criminal Code, while the minimum and maximum criminal threats have been specifically formulated in every law outside the Criminal Code, and the judge's advice in handling cases of criminal sexual violence against children must pay attention to the laws in force in Indonesia , because Indonesia adheres to the Continental European legal system which places legislation as the main source, so that justice can be guaranteed to everyone who comes into contact with the law.
Tindak Pidana Gratifikasi yang Sudah Menjadi Normalisasi Masyarakat Indonesia Ditinjau dari Aspek Budaya Hukum
Windiarti, Lisa
Proceedings Series on Social Sciences & Humanities Vol. 17 (2024): Proceedings of Seminar International Legal Development in Twenty-First Century Era
Publisher : UM Purwokerto Press
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DOI: 10.30595/pssh.v17i.1117
The criminal act of gratification has become a widespread phenomenon and has almost normalized within Indonesian society. This normalization indicates that the acceptance of gratification is now seen as commonplace and acceptable across various aspects of life, both in the public and private sectors. From the perspective of legal culture, this reflects a significant challenge in the efforts to enforce the law and establish the moral integrity that law should uphold. Legal culture, which encompasses the values, attitudes, and perceptions of society towards law and legal institutions, plays a crucial role in either promoting or hindering corrupt behavior. This study aims to analyze how Indonesian legal culture influences societal perceptions and attitudes towards the criminal act of gratification, as well as its impact on the effectiveness of anti-gratification law enforcement. Using a qualitative approach, this research explores various cultural factors that contribute to the normalization of gratification, such as social values, traditional practices, and the lack of exemplary behavior from leaders. The findings of this study are expected to provide a deeper understanding of the interaction between legal culture and gratification practices, and to offer recommendations for more effective and sustainable law enforcement strategies to combat gratification in Indonesia.
Perlindungan Konsumen Terhadap Korban Penipuan Online Jual Beli Pakaian Bekas Impor (Thrifting)
Permana, Abdullah Marshal
Proceedings Series on Social Sciences & Humanities Vol. 17 (2024): Proceedings of Seminar International Legal Development in Twenty-First Century Era
Publisher : UM Purwokerto Press
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DOI: 10.30595/pssh.v17i.1118
With the rapid development of technology day by day, buying and selling clothes can be done in various ways and through various media platforms. Thrifting or buying and selling used imported clothes is an activity that is currently being carried out by people all over the world. They prefer to buy imported second-hand clothing, because they consider the price and quality to be very affordable for their pockets. In the sale of imported used clothing, many thrift markets exist and exist in Indonesia and in other countries. People usually look for or hunt for the goods they are looking for in the market by looking at the condition of the goods, and negotiating prices directly with the sellers themselves. In this way, buyers can be satisfied with the goods they buy because they see the goods they buy directly. As technology develops, buying and selling is done via online media, where buyers are very limited in seeing the goods they want to buy. Buyers can only see photos or images on online media. Sometimes sellers do not list the shortcomings of the item. With this, many individuals are looking for illegal money by committing fraud through online sales. They look for loopholes by taking advantage of the trend of buying and selling which is currently busy, many ordinary people easily believe in this buying and selling.
Perlindungan Hukum Terhadap Korban Kekerasan Seksual dalam Rangka Mewujudkan Keadilan Restorative Justice
Adelia Wulandari, Aulia
Proceedings Series on Social Sciences & Humanities Vol. 17 (2024): Proceedings of Seminar International Legal Development in Twenty-First Century Era
Publisher : UM Purwokerto Press
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DOI: 10.30595/pssh.v17i.1119
Legal protection is very important and affects justice for all Indonesian citizens. According to the viewpoint of the concept of restorative justice, handling crimes that occur is not only the responsibility of the state but also the responsibility of the community. Therefore, the concept of restorative justice is built based on the notion that crimes that have caused losses must be recovered, both losses suffered by the victim and losses borne by the community. Various sensitive issues afflict the lives of women, including crimes of sexual violence (sexual violence) and sexual harassment (sexual harassment). Women are very vulnerable to becoming victims of crime in the field of decency. The efforts of legal protection agencies or advocacy institutions in creating good law enforcement really need supporting factors in order to create such legal protection properly and effectively.
Analisis Perlindungan Hukum Bagi Pengemudi Ojek Online Pasca Berlakunnya Undang-Undang Cipta Kerja
Catleya Cheysa, Celine
Proceedings Series on Social Sciences & Humanities Vol. 17 (2024): Proceedings of Seminar International Legal Development in Twenty-First Century Era
Publisher : UM Purwokerto Press
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DOI: 10.30595/pssh.v17i.1120
Transportation innovation that has been born since 2010, namely online ojek, is now a favorite transportation for people to carry out their daily lives. However, the growth of the online ojek industry has caused many problems and challenges, including safety issues and protection of drivers' rights. The problem raised in this research is the legal protection for online ojek drivers and the position of drivers after the Job Creation Law takes effect. Looking at the Job Creation Law related to Employment, there are still no special provisions or regulations regarding online ojek drivers in terms of safety and online ojek tariffs so that legal protection for online ojek is still not optimal. The position of online ojek driver partners and companies is considered equal and the same, but in practice prospective online ojek drivers must sign a work agreement that has been set by the company without being able to discuss or negotiate beforehand. Based on this, it is recommended that companies can provide proper legal protection and the government immediately make regulations for online ojek drivers.
Tinjauan Kriminologi Terhadap Tindak Pidana Judi Online Studi Kasus Omzet Jaringan Judi Online Capai Rp 2,2 Milyar di Batam
Mulya, Agres Setia
Proceedings Series on Social Sciences & Humanities Vol. 17 (2024): Proceedings of Seminar International Legal Development in Twenty-First Century Era
Publisher : UM Purwokerto Press
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DOI: 10.30595/pssh.v17i.1121
This study aims to analyze and find out about the factors that cause online gambling and find out how the action will be taken by the government and law enforcement agencies against online gambling activities that occur in the city of Batam. Regulation of online gambling crime in Indonesia is regulated in Law No. 19 of 2016 on amendments to Law No. 11 of 2008 on information and Electronic Transactions (UU ITE), containing provisions regarding gambling conducted online via the internet in Article 27 paragraph (2) which reads “Any person intentionally without the right to distribute, transmit and/or make accessible information or documents that have a prohibition of gambling-charged acts. The punishment for this violation is regulated in Article 45 paragraph (2), namely “any person intentionally and without the right to distribute and/or transmit and/or make accessible electronic information and/or electronic documents that have a gambling charge as intended in Article 27 paragraph (2) of the ITE Law shall be sentenced to a maximum of 6 (six) years in prison or a maximum fine of Rp. 1 billion”.
Analisis Pelaksanaan Kemitraan Bisnis dengan Pendekatan pada Hubungan Go-Jek dan Pengemudi
Sukmaningrum, Deva
Proceedings Series on Social Sciences & Humanities Vol. 17 (2024): Proceedings of Seminar International Legal Development in Twenty-First Century Era
Publisher : UM Purwokerto Press
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DOI: 10.30595/pssh.v17i.1122
Current technological developments are closely related to people's lives, and are often linked to globalization which has enabled us to directly obtain information from various corners of the world. Technological advances such as transportation, cellphones and the internet have been widely used not only by people in cities but also by rural residents. An example of a company in the online transportation services sector is “PT. Aplikasi Karya Anak Bangsa is better known as Go-jek. Go-Jek is a company that is leading change in the motorcycle taxi industry by focusing on social aspects. This employment system cannot be separated from what is called an agreement. The form of the PT Gojek partnership agreement includes business relationships and a protection system. For this reason, online motorcycle taxi drivers need legal protection if they have an accident while working. Based on the legal issues above, researchers are interested in conducting research on Analysis of the Implementation of Business Partnerships with an Approach to Go-Jek and Driver Relationships. This research uses a normative juridical method, which looks at legal provisions in legislation. In this research, the Statue Approach is used. The statutory regulations used as primary legal material consist of Law Number 13 of 2003 concerning Employment, as well as Article 1338 relating to Article 1320 in the Civil Code.