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Contact Name
Paska Marto Hasugian
Contact Email
restorasisean@gmail.com
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+6281260002931
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restorasisean@seaninstitute.or.id
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Komplek New Pratama ASri Blok C, No.2, Deliserdang, Sumatera Utara, Indonesia
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INDONESIA
Jurnal Restorasi: Hukum dan Politik
Published by SEAN INSTITUTE
ISSN : -     EISSN : 29882125     DOI : 10.54209
Core Subject : Social,
Jurnal Restorasi : Hukum dan Politik is a journal that focuses on law and politics, and publishes research articles that focus on a scientific study of the relationship between normative systems, politics, and social structures, with a focus on the study of law and social sciences.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 51 Documents
Underage Perpetrators and Victims of Crime According to a Legal Perspective Ayu Aprilliani; Junifer Dame Panjaitan
Jurnal Restorasi : Hukum dan Politik Vol. 1 No. 02 (2023): Jurnal Restorasi : Hukum dan Politik, October 2023
Publisher : Jurnal Restorasi : Hukum dan Politik

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Abstract

How does the law view minors through the lens of justice, where these children are perpetrators of criminal acts who must face trials in criminal cases? Also to understand the procedures, flow and process in carrying out trials in child criminal cases. Apart from that, of course it is to analyze the comparison of various differences that will arise from trials of child criminal cases with trials of normal/adult people. The type of research used is the normative juridical method, which is one of various types of research that utilizes statutory regulations.Normative juridical research or what is more familiarly known as doctrinal research aims at all written rules and includes research that is closely related to books, papers, writings and libraries to produce various kinds of data, both of which are secondary in nature. the place where it is located or in the library. In special juvenile justice, there are many differences in how the law treats and views defendants. The trials carried out for the children themselves are more family friendly and carried out briefly. Carrying out trials on children is different from carrying out regular trials on adults. In juvenile justice, the method used is restorative justice, especially criminal acts which of course involve the perpetrator, the victim, the perpetrator's family and the victim's family, as well as the participation of other stakeholders, who will then work together to find a fair solution while remaining focused on recovery. original condition and no motive for revenge.
Child Custody Rights After Parental Divorce in the Marriage Law Elias Suranta Torong; Junifer Dame Panjaitan
Jurnal Restorasi : Hukum dan Politik Vol. 1 No. 02 (2023): Jurnal Restorasi : Hukum dan Politik, October 2023
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Abstract

If the household situation is no longer harmonious, there is a high possibility of conflict and disputes arising. Resolving major conflicts may be difficult, increasing the possibility that household circumstances contributed to the divorce. Legal rights of minor children after divorce: It is the obligation of parents to fulfill their responsibilities in providing optimal care and education for their children. According to Article 41 of the Marriage Law, it is stated that the father is responsible for all costs related to the child's care and education. In the event that the father is unable to fulfill his responsibilities, the court has the authority to allocate a portion of the child's essential care and education costs to the mother. This responsibility remains even if the parents divorce.
Analysis of the Causes and Efforts to Protect Child Labor from an Indonesian Legal Perspective Intan Maharani; Junifer Dame Panjaitan
Jurnal Restorasi : Hukum dan Politik Vol. 1 No. 02 (2023): Jurnal Restorasi : Hukum dan Politik, October 2023
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Abstract

Children's age is a golden age that should not be burdened with things that hinder development and growth both from social, physical, mental and spiritual aspects. Their job at that age is just to learn and play. The phenomenon that occurs is that many children are burdened with heavy work which hinders all their development and potential. The importance of children's existence for the survival of a nation encourages the government to establish a set of regulations in an effort to protect children. Despite this, the fact is that the problem of child labor is still a serious problem, especially in Indonesia. This article aims to analyze and determine the causes and legal protection efforts for child labor based on the laws in force in Indonesia. This article concludes that firstly, the determinants of child labor problems are influenced by various factors that are interrelated with each other, namely poverty factors, educational factors, urbanization, social culture, changes in production processes and weak supervision. Second, from a review of the legal protection of child labor from the legal perspective in force in Indonesia, it is very strong, where there are many laws and regulations that guarantee it, but in terms of practice or implementation, it is still very weak. The laws referred to include Law Number 1 of 2000 concerning the ILO convention, Law number 13 of 2003 concerning employment, Law number 20 of 1999 concerning ratification of the ILO convention, Law Number 35 of 2014 concerning child protection and Law Number 11 of 2012 concerning the Juvenile Justice System and many other laws and regulations that are in line with this law.
Settlement Of Defaults In Restructuring Efforts In Credit Agreements At Bank Pasar Rembang (Case Study Decision Number: 7/Pdt.G/2021/Pn.Rbg) Riza Zulfikar; Novi Prisela Putri; Hadi Purnomo
Jurnal Restorasi : Hukum dan Politik Vol. 1 No. 02 (2023): Jurnal Restorasi : Hukum dan Politik, October 2023
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Abstract

Engagements or agreements through credit transactions carried out by banks are bound by a credit agreement, so that a legal relationship arises between the binding parties. Because there is an imbalance between creditors and debtors, the weaker party is unable to fulfil the agreement, and ends up causing problems between the two parties. For this reason, credit restructuring is carried out to resolve problem loans. However, in this case, not only debtors can default, but also creditors, who violate the restructuring agreement. Which led to the issuance of the Rembang District Court decision Number 7/PDT.G/2021/PN Rbg. Through the trial of the debtor's lawsuit whose restructuring agreement was rejected by the creditor. The method used in this case study is juridical research where this research examines the applicable legal provisions. The data source used is secondary data, both secondary and tertiary legal materials using library data collection techniques, namely document study by collecting and studying legal books, literature, laws and regulations related to the object of research and other reading related to writing. This case study and the documents examined are court decisions. Data analysis uses qualitative juridical methods. The results of this research can be concluded that in the case study of this research, bank credit restructuring is a step taken by the debtor because he is still cooperative, always maintains a relationship with the bank, and has good faith and has the opportunity to fulfil his obligations, but the bank as a creditor commits an act of default. by denying the restructuring efforts proposed by the debtor which had also been agreed upon by the creditor by referring to Bank Indonesia Regulation number 14/15/PBI/2012 and the bank's internal procedures, in the process of which the creditor conducted an auction of the collateral objects listed in the credit agreement clause without notification and agreement with the debtor. This problem resulted in a lawsuit filed by the debtor with the Rembang District Court. The judge's consideration in the decision in this case was that the judge stated that the debtor's credit restructuring was cancelled. The refusal (drop) is the correct action based on the verstek decision. However, the judge must also consider first looking at the Derivative of the credit agreement, namely credit restructuring.
Privacy Protection in the Big Data Era: A Review of Personal Data Protection Policies Zainul Djumadin
Jurnal Restorasi : Hukum dan Politik Vol. 1 No. 02 (2023): Jurnal Restorasi : Hukum dan Politik, October 2023
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In the face of the rapid development of Big Data, privacy protection has become a central issue that requires serious attention. This research aims to conduct a comprehensive review of existing personal data protection policies, with a focus on their relevance in the context of the Big Data era. We analyze the impact of large-scale data collection, processing and analysis on individual privacy, and evaluate the extent to which current data protection policies can address emerging challenges. This research uses a qualitative approach with descriptive methods. The research results show that personal data protection has become a major concern in Indonesia, especially due to the increase in data breaches and leaks. Although there have been efforts by the government and the DPR to draft a special draft law (RUU), the bill has not yet been passed into law. An important point in the bill is the application of the principle of extra-territorial jurisdiction, which emphasizes data protection obligations for all entities, both within and outside Indonesian jurisdiction. Although the bill is still awaiting approval, this step reflects the government's determination to create a solid legal foundation that is responsive to the complex challenges of personal data protection in the digital era.
Traditional Law Areas Relevant To Overcoming The Problems Of The Indonesian Nation In The Globalization Era Afnaini Afnaini; Hamdan Hamdan
Jurnal Restorasi : Hukum dan Politik Vol. 1 No. 02 (2023): Jurnal Restorasi : Hukum dan Politik, October 2023
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Customary law is unwritten legal regulations that grow and develop and are maintained with the legal awareness of the community. Customary law is the law of the Indonesian people and is spread throughout Indonesia with various features and characteristics. The purpose of this research is to find out the constitutional position of the existence of customary law and the alliance of customary law communities and which two areas of customary law are still relevant in overcoming problems faced by the Indonesian nation in the era of globalization. With the normative juridical research method, it is known that the constitutionality of the existence of customary law and the association of customary law communities has a strong constitutional juridical status as stipulated in Article 18 B paragraph (2) and Article 28 I paragraph (3) of the 1945 Constitution of the Republic of Indonesia and is strengthened by the existence of juridical guarantees from several sectoral laws governing traditional rights. Areas of customary law that are still relevant in overcoming current problems include both neutral law fields such as family and inheritance law, land rights, namely ulayat, rights to gain from office, rights to withdraw the results of usage rights, and related transactions. with land such as, lease rights, split pinang (maro) agreements, leases and guarantees in transfer of rights relating to land and non-neutrality.
Competing Maritime Interests in the South China Sea: Asian Geopolitical Implications Kunkunrat Kunkunrat
Jurnal Restorasi : Hukum dan Politik Vol. 1 No. 1 (2023): Jurnal Restorasi : Hukum dan Politik, April 2023
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The South China Sea, as a strategic route for international trade and a rich natural resource area, is at the center of tensions between countries in the region. This research will analyze the root causes of conflict, the strategies used by regional and global actors to advance their interests, and the geopolitical implications for stability and security in Asia. This research uses a qualitative approach with descriptive methods. The research results show that global maritime power competition in the South China Sea has a significant impact on Asian geopolitics. Regional tensions, economic uncertainty, changes in global security dynamics, environmental damage, diplomatic and international legal challenges, strategic uncertainty, impacts on energy security, as well as increased military activity and weapons are direct consequences of this competition. This underscores the need for collaborative efforts, multilateral dialogue and sustainable policies to manage and mitigate negative impacts, while promoting stability in the South China Sea region.
Legal Views for Orphans Abused by Foster Parents Debora K Nayoan; Junifer Dame Panjaitan
Jurnal Restorasi : Hukum dan Politik Vol. 1 No. 02 (2023): Jurnal Restorasi : Hukum dan Politik, October 2023
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The aim of legal protection for children is to protect children's basic freedoms and opportunities from various interests that have an interest in their welfare. Child welfare refers to a way of life that ensures children receive normal physical, spiritual and social development. Due to various challenges, not all parents are able to recognize the welfare of their children. Legal protection for children is regulated in several statutory regulations, namely in Law Number 17 of 2016 concerning the Determination of Perppu Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Welfare. Children are one of the key elements in the creation of legal arrangements in Indonesia.
Protection of Women's Rights in terms of Legal Aspects Fahruroji Fahruroji; Junifer Dame Panjaitan
Jurnal Restorasi : Hukum dan Politik Vol. 1 No. 02 (2023): Jurnal Restorasi : Hukum dan Politik, October 2023
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Domestic violence is a criminal offense for which perpetrators can be punished. There are different types of domestic violence, including financial hardship. Because the perpetrator is still a partner, many victims are afraid to report their crimes to the police, and those closest to them are also afraid to help because it is considered not their duty. The problem of bullying in children at school is a serious and widespread problem. Bullying by friends has the potential to cause trauma to children so that it can inhibit their growth and development. It is aimed that by following this community service, individuals will be able to increase knowledge and actions in their households.
Legal Protection of Children and Women Victims of Trafficking Crimes M. Richul Firdaus; Junifer Dame Panjaitan
Jurnal Restorasi : Hukum dan Politik Vol. 1 No. 02 (2023): Jurnal Restorasi : Hukum dan Politik, October 2023
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As we know, in Indonesia the protection of human rights (HAM) is very concerning. This can be seen from the many human rights violations. Examples of human rights violations are discrimination and are acts of violence. Human trafficking is one of the human rights violations that occur in Indonesia. The data recorded that children and women are the groups most often victimized in cases of criminal acts. Victims  of human trafficking are not only for things whose purpose is sexual exploitation such as prostitution, victims become exploitation in other forms such as forced servants or forced labor and slavery. There are many problems in the form of manipulation in this kind of exploitation, especially against children and women due to the many criminal acts in human trafficking. Children and women, who deserve proper treatment, instead become material for exploitation for various purposes in many specific respects. The rise of  human trafficking cases in Indonesia  is also evidence that the legal conditions for respect and protection of human rights, especially human trafficking in Indonesia, are still insufficient to protect them