SANISA: Jurnal Kreativitas Mahasiswa Hukum
Journal Title SANISA: Jurnal Kreativitas Mahasiswa Hukum Journal Abbreviation SANISA J. Kreativitas Mhs. Huk. Language English (preferred), Indonesia ISSN 2776-2289 DOI Journal 10.47268/sanisa by Crossref Frequency 2 issues per year (April, October) Editor-in-chief Sherly Adam Managing Editor Lucia Charlota Octovina Tahamata Publisher Faculty fo Law, Universitas Pattimura Citation Analysis Google Scholar OAI https://fhukum.unpatti.ac.id/jurnal/sanisa/oai SANISA: Jurnal Kreativitas Mahasiswa Hukum is a peer-reviewed media managed and published by the Faculty of Law, Universitas Pattimura. SANISA: Jurnal Kreativitas Mahasiswa Hukum publishes works of scientific creativity in the field of law, published twice a year in April and October. The purpose of this journal is to provide a place for students to publish their creative results in the field of research or review articles that are original and of community service. This journal provides direct open access to its content on the principle that making research freely available to the public supports greater global knowledge exchange. SANISA: Jurnal Kreativitas Mahasiswa Hukum is available online. The languages used in this journal are Indonesian and English. The scope of articles published in this journal discusses various problems in the fields of Criminal Law, Civil Law, Constitutional Law, International Law, Administrative Law, Environmental Law, Islamic Law, Customary Law, and other sections related to contemporary issues in the field of legal science. SANISA: Jurnal Kreativitas Mahasiswa Hukum has been nationally accredited by the Ministry of Higher Education, Science, and Technology of the Republic of Indonesia, Number 862/DST/D.D1/HM.01.01/2026 (SINTA 5), Valid from Vol. 3 No. 1, 2023 until Vol. 7 No. 2, 2027.
License Terms: SANISA: Jurnal Kreativitas Mahasiswa Hukum is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate, but does not imply that the licensor supports you or your use.
Perlindungan Hukum UMKM dalam Memasuki Era Baru Pasca Pandemi
Introduction: This article analyzes MSMEs in general and the legal protection of MSMEs during the pandemic and the protection of MSMEs entering a new era after the pandemic. Purposes of the Research: The purpose of this article is to understand the impact of the pandemic for MSMEs as well as legal protection for MSMEs in entering a new era after the pandemic. Methods of the Research: This study uses a normative juridical method by using a statute approach and also a conceptual approach. Results of the Research: The results showed that businesses that had to be closed in an effort to stop the spread of the virus were one of the main reasons for the bankruptcy of MSMEs. The absence of production and sales activities certainly has a big impact on MSMEs that do have small capital. The government is obliged to provide legal protection for MSMEs, especially in entering the post-pandemic era. By utilizing technological advances, MSMEs can take advantage of social media and marketplaces so that they can sell their products through internet media. With the challenges that must be faced by MSME actors to market their businesses, the policies that have been made by the government such as tax incentives, credit restructuring, MSME working capital loans, and other support emerged as economic recovery in the MSME sector. However, the effectiveness of this policy is still questionable because the recovery for MSMEs is still running very slowly even though the government has implemented actions to support the community and support MSMEs with various kinds of waivers. For this reason, the government must work optimally to supervise and provide assistance so that MSMEs in Indonesia are ready to enter a new era after the pandemic
Copyright (c) 2022 Siska Indah Vilonia Sopamena, Fruli Rumahlewang, Alfred Graciano Sahuburua, Ronald Fadly Sopamena https://creativecommons.org/licenses/by-nc/4.0
Kebijakan Hukum Pidana Terhadap Tindak Pidana Peretasan Data Pribadi
Introduction:Personal data protection has been implemented in criminal law policies, but data breaches still occur. This demonstrates the weaknesses of Indonesian criminal law, which still require reform to protect public data security. Purposes of the Research: This study aims to analyze criminal law policies regarding the crime of hacking personal data now and in the future. Methods of the Research: The method used is a normative juridical method with a statutory, conceptual, and case-based approach. The legal sources consist of primary, secondary, and tertiary legal materials. The legal material collection procedure is carried out using a literature study method, and the processing and analysis of legal materials are carried out qualitatively. Results / Findings / Novelty of the Research: The research findings show that current criminal law policy regarding personal data hacking lies in its substance or legal provisions, technology, and law enforcement. In terms of substance or legal provisions, the current Personal Data Protection Law (Law No. 27 of 2022) focuses more on individual personal data, such as identity data, financial data, and health data. In terms of technology, the current Personal Data Protection Law does not specifically regulate the use of personal data in the context of Artificial Intelligence (AI) technology, focusing on the analysis of data collected by IoT. In terms of law enforcement, the current Personal Data Protection Law still faces several challenges, such as a lack of detail in derivative regulations and the absence of a specific authority for data protection. Further research indicates that future criminal law policy regarding personal data hacking lies in its substance or legal provisions, technology, and law enforcement. The future Personal Data Protection Law will be more comprehensive. In terms of technology, the strengthening and expansion of the use of personal data in the context of AI technology focuses on the analysis of data collected by IoT, and its law enforcement will emphasize sanctions against perpetrators of personal data hacking.
Copyright (c) 2026 Aulia Ridwan, Jacob Hattu https://creativecommons.org/licenses/by-nc/4.0
Penegakan Hukum Terhadap Kejahatan Pencurian Data Pribadi di Media Sosial (Facebook)
Introduction: The rapid development of information technology has triggered an increase in digital activities, including the collection and storage of personal data. On the other hand, the phenomenon of theft of personal data and personal identity has become rampant and has caused increasingly significant losses, both materially and immaterially. This study aims to examine legal protection against theft of personal data and personal identity in Indonesia and to examine the law enforcement mechanisms and obstacles faced in the process.The research method used is normative juridical, with a regulatory, conceptual, and comparative approach. Data sources come from literature studies of regulations, legal literature, and relevant court decisions. The results of the study show that personal data protection in Indonesia is still in the developing stage, marked by the enactment of Law Number 27 of 2022 concerning Personal Data Protection. However, there are still limitations to norms in terms of implementation, criminal sanctions, and strong supervisory institutions. In addition, law enforcement against theft of personal data faces various obstacles, including limited authority of law enforcement officers, low public awareness of the importance of protecting personal data, and the complexity of evidence in cases of cross-border cybercrime. International efforts, such as cross-secret cooperation and extradition of perpetrators, are also still not optimal due to differences in legal systems between countries. This study recommends strengthening technical regulations for implementing the PDP Law, increasing the capacity of independent supervisory institutions, educating the public about data security, and increasing international cooperation in combating cybercrime. Effective national legal protection of personal data is an important foundation in maintaining citizens' privacy rights and building trust in the digital ecosystem. Purposes of the Research: Analyze and explain law enforcement against the crime of personal data theft on social media (Facebook). Methods of the Research: The research method used is normative juridical, with a statutory and conceptual approach. Sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials carried out in this research is through library research, namely by searching legal materials by reading, viewing, listening and now many are done by searching through the internet then the data will be analyzed using quantitative data analysis techniques, in an approach Quantitative related to the relationship of variables analyzed using an objective theory, then described to solve the main problem in this study. Results / Findings / Novelty of the Research: Law enforcement against personal data theft in Indonesia has a strong legal basis through the Personal Data Protection Law, the Electronic Information and Transactions (ITE) Law, and other relevant regulations. However, its implementation still faces various obstacles, such as technological limitations, inadequate investigative capabilities, and difficulties in tracking and gathering evidence in the cyber realm. The cross-border nature of cybercrime also presents jurisdictional challenges, necessitating strong international cooperation mechanisms for effective law enforcement
Copyright (c) 2025 Muhammad Syaf Nurdin Arey, Deassy Jacomina Anthoneta Hehanussa, Harly Cilford Jonas Salmon https://creativecommons.org/licenses/by-nc/4.0
Penyerangan Terhadap Warga Sipil Oleh Organisasi Papua Merdeka Dan Pertanggungjawabannya
Introduction: the armed conflict in Papua is one of the most complex humanitarian and security issues in Indonesia. The involvement of the Free Papua Movement (OPM) in attacks on civilians has resulted in loss of life and significant losses, both material and moral. These actions are not merely political resistance but have gone beyond the pale, targeting those who should be protected by law: civilians not participating in hostilities. Purposes of the Research: : the purpose of this article is to determine and analyze whether the acts of attacks on civilians carried out by the Free Papua Organization (OPM) can be qualified as violations of International Humanitarian Law (IHL). Methods of the Research: The method used is normative juridical, employing a legislative approach, a case approach, a historical approach, a conceptual approach, and a literature study approach. Results / Findings / Novelty of the Research: : the results of the study show that the attacks on civilians by the Free Papua Organization (OPM) constitute a serious violation of International Humanitarian Law (IHL), particularly against the principle of distinction and the principle of proportionality as regulated in the 1949 Geneva Conventions and Additional Protocol II of 1977
Copyright (c) 2025 Putri Jean Patricia Ririhena, Lucia Charlota Octovina Tahamata, Wilshen Leatemia https://creativecommons.org/licenses/by-nc/4.0
Penjatuhan Sanksi Terhadap Pelaku Tindak Pidana Pencucian Uang Dalam Perspektif Tujuan Hukum
Introduction: Money laundering is a serious crime that has a significant impact on the stability of the national economy and financial system. The complexity of money laundering schemes requires the application of a system of evidence and the imposition of criminal sanctions that are consistent with the objectives of the law, namely justice, legal certainty, and public interest. Purposes of the Research This study aims to analyze and discuss the burden of proof in money laundering cases, as well as to analyze and discuss the imposition of sanctions on perpetrators of money laundering from the perspective of the objectives of the law. Methods of the Research: This study is a normative legal research study that employs a statutory approach, a conceptual approach, and a case-based approach. The legal materials used include primary legal sources and secondary legal sources. The legal materials were collected through a literature review. The processing of the legal materials involved the following stages: identification of legal issues, searching for primary and secondary legal materials, and grouping of relevant legal materials. All legal materials obtained were subsequently analyzed qualitatively. Results / Findings / Novelty of the Research: The results of this study indicate that the imposition of criminal sanctions on money laundering offenders aligns with the legal objectives of legal certainty through clear criminalization, separation from the predicate offense, and anti-tipping-off measures. The Justice Perspective, where criminal sanctions aim to restore a sense of justice in society, ensuring that proceeds of crime are not enjoyed by the perpetrators, through asset forfeiture, punishing both active and passive perpetrators, and creating a deterrent effect. The Utility Perspective, which involves protecting the financial system, recovering state losses, and preventing further criminal acts.
Copyright (c) 2026 Jubeda Kelian, Elias Zadrach Leasa https://creativecommons.org/licenses/by-nc/4.0
Pertimbangan Hukum Hakim Terhadap Putusan Bebas Dalam Tindak Pidana Pembunuhan (Studi Putusan Nomor : 454/Pid.B/2024/PN. Sby)
Introduction: The judge's legal considerations are a stage in which the panel of judges comprehensively assesses the facts revealed during the trial process based on legal and non-legal considerations as the basis for a decision that embodies the value of justice. Purposes of the Research: This study aims to analyze and discuss the legal considerations of judges in acquittal verdicts for criminal homicide in verdict number: 454/Pid.B/2024/PN.Sby and to analyze and discuss acquittal verdicts for perpetrators of criminal homicide from the perspective of the objectives of criminal punishment. Methods of the Research: The research method used is normative legal research using a legislative approach, conceptual approach, and case approach. The legal materials used are primary, secondary, and tertiary legal materials. The procedure for collecting legal materials is carried out through literature study, processed through editing, systematization, and qualitative analysis. Results / Findings / Novelty of the Research: The results of the study show that the judge's legal considerations regarding the perpetrator of the crime of murder in decision number: 454/Pid.B/2024/PN. Sby, based on the judge's legal considerations of all elements of the alternative charges under Article 338 of the Criminal Code, Article 351 paragraph (3) of the Criminal Code, Article 359 of the Criminal Code, and Article 351 paragraph (1) of the Criminal Code, which were brought by the public prosecutor against the defendant Gregorius Ronald Tannnur, were not legally proven. The reason for this was that the judge was convinced by the opinion of a driving safety expert that the victim was outside the lane of the car driven by the defendant and, based on CCTV footage that did not clearly show that the victim died as a result of murder or being run over by the defendant's car, the judge acquitted the defendant. An acquittal of a perpetrator of a criminal act of murder is contrary to the purpose of punishment if it is not based on strong evidence. If an acquittal is given because the judge was not careful in examining the evidence and witnesses or for other reasons that are not in accordance with the law, then this verdict can be considered unfair and can reduce public trust in the judicial system to provide justice and protect the community
Copyright (c) 2025 Yohanis Egi Pedan, Sherly Adam, Julianus Edwin Latupeirissa https://creativecommons.org/licenses/by-nc/4.0
Penegakan Hukum Terhadap Pelaku Tindak Pidana Pembunuhan (Putusan Nomor 312/Pid.B/2023/PN Amb)
Introduction: The crime of murder is a serious violation of the fundamental right to life. Often, these crimes are triggered by the consumption of alcoholic beverages, which affects the perpetrator's control. This was observed in Case Number 312/Pid.B/2023/PN Amb, where the defendant stabbed the victim while under the influence of alcohol. Purposes of the Research: This study aims to analyze the law enforcement process and the judge's legal considerations in sentencing the perpetrator of murder under the influence of alcohol in the decision Number 312/Pid.B/2023/PN Amb. Methods of the Research: This research uses a normative juridical method with a statutory, case, and conceptual approach. The data used are secondary data obtained through library research and analyzed qualitatively. Results / Findings / Novelty of the Research: The results show that the law enforcement process has proceeded in accordance with the Criminal Procedure Code (KUHAP). The judge considered the elements of Article 338 of the Criminal Code to be proven. However, in the sentencing considerations, the judge used the defendant's drunkenness and spontaneity as mitigating factors, resulting in a sentence of 8 years in prison. This is considered relatively light compared to the maximum threat of 15 years and the fatal consequence of the loss of life, raising questions about the balance between legal certainty and substantive justice
Copyright (c) 2025 Indriyani Samangun, Margie Gladies Sopacua, Denny Latumaerissa https://creativecommons.org/licenses/by-nc/4.0
Penegakan Hukum Terhadap Pelaku Pornografi Dalam Aplikasi Mango
Introduction: Social media is a medium for online communication, allowing people to interact without the constraints of time and space. However, this lack of boundaries often leads some people to commit various crimes, one of which is pornography. The case studied involved an application called Mango, which became a platform for pornography perpetrators to carry out their actions, starting with indecent acts involving adult scenes watched live streamed to earn coins to be monetized, thus becoming a business opportunity for these perpetrators. Therefore, pornography crimes through the Mango application must be viewed in accordance with the legal provisions concerning pornographic activities contained in the Pornography Law, namely Law No. 44 of 2008, followed by the ITE Law, namely Law No. 11 of 2008. The formulation of the problem is law enforcement against perpetrators of pornography in the Mango application and the forms of pornographic acts in the Mango application. Purposes of the Research: This study aims to analyze and discuss law enforcement against perpetrators of pornography in the Mango application. Methods of the Research: The research method used is a normative juridical research type. The approach to the problem of legislation, conceptual analysis, and sources of legal material used include primary and secondary legal materials. Data collection techniques include literature review, followed by descriptive analysis using quantitative methods. Results / Findings / Novelty of the Research: The research results indicate that the freedom granted to social media users has led to numerous criminal offenses, particularly pornography. Therefore, it is appropriate for Mango users to be subject to criminal law enforcement. Furthermore, considering the forms of pornographic acts in the Mango application, a more mature policy is needed to handle existing cases, given the weakness of the cyber system in Indonesia.
Copyright (c) 2026 Grand Nehemia Hehakaya, Reimon Supusepa, Denny Latumaerissa https://creativecommons.org/licenses/by-nc/4.0
Upaya Penegakan Hukum Tindak Pidana Pemerasan Yang Dilakukan Dengan Modus Iuran Keamanan Di Pasar Mardika
Introduction: Extortion, often disguised as security fees, is a pervasive legal issue, particularly at Mardika Market in Ambon City. This practice is carried out by certain individuals, claiming to provide security, but is accompanied by elements of coercion, threats, and violence, harming traders and creating a sense of insecurity. This situation indicates that law enforcement against this practice has not been optimal. Purposes of the Research: This study aims to analyze law enforcement efforts against the crime of extortion using the security fee method and to identify the obstacles faced by law enforcement officers in eradicating it. Methods of the Research: The research method used was empirical legal research with a qualitative approach. Data was obtained through interviews with relevant parties, direct observation at the research location, and literature review. The collected data was then analyzed descriptively and qualitatively. Results / Findings / Novelty of the Research: The research results show that extortion practices involving security fees are still common and tend to be organized. Law enforcement efforts have been implemented through preventive and repressive measures, but they have not been optimal. Obstacles include low public legal awareness, victims' fear of reporting, limited facilities and infrastructure, and a lack of coordination among law enforcement officials. Therefore, firmer and more comprehensive law enforcement and increased public legal awareness are needed to create a safe and orderly market environment.
Copyright (c) 2026 Sahrul Mansur, Yanti Amelia Lewerissa https://creativecommons.org/licenses/by-nc/4.0
Strategi Penanggulangan Tindak Pidana Penganiayaan (Studi Kasus Kepolisian Sektor Nusaniwe)
Introduction: This study discusses strategies for addressing assault crimes within the jurisdiction of the Nusaniwe Police Sector, focusing on the obstacles faced by police officers due to uncooperative public participation in law enforcement. The background to this research is based on the high number of assault cases influenced by alcohol consumption, social conflict, and low public participation in providing information to the police. These conditions hamper the investigation and inquiry process, resulting in suboptimal law enforcement against assault crimes. Purposes of the Research: The purpose of this study is to determine the obstacles faced by the police in dealing with uncooperative communities in criminal acts of assault and to analyze the strategies used by the Nusaniwe Sector Police in dealing with these crimes. Methods of the Research: The research method used was empirical legal research with a qualitative descriptive approach. The research location was the Nusaniwe Police Sector. Data were obtained through interviews, observations, and documentation studies. The informants in this study consisted of the Head of Criminal Investigation Unit, assistant investigators, Bhabinkamtibmas (community police officers), religious leaders, youth leaders, and neighborhood heads within the jurisdiction of the Nusaniwe Police Sector. The data obtained were then analyzed qualitatively to describe the actual conditions on the ground. Results / Findings / Novelty of the Research: The results of the study indicate that the main obstacle in handling criminal acts of assault is the uncooperative attitude of the community, such as reluctance to be witnesses, fear of dealing with the police, and the existence of family relationships with the perpetrators so that they try to protect the perpetrators. Other factors that influence the occurrence of assault are alcohol consumption and conflict between individuals. The strategies implemented by the police in dealing with criminal acts of assault include preventive, preemptive, and repressive approaches through cooperation between police units, optimizing the role of Bhabinkamtibmas, legal counseling, a family approach, and coordination with community leaders, religious leaders, and youth to increase public legal awareness.
Strategy for Handling Criminal Acts of Assault
Copyright (c) 2026 Natalia Werluka, Hadibah Zachra Wadjo, Harly Cliford Jonas Salmon https://creativecommons.org/licenses/by-nc/4.0
Pertanggungjawaban Pidana Pelaku Pembuat Website Palsu Melalui Media Sosial (Studi Putusan No: 1194/Pid.Sus/2019/PN Sby)
Introduction: The development of information technology has had a significant impact on various aspects of life, including cybercrimes such as the creation of fake websites through social media. So that the perpetrator can be held criminally responsible for their actions. Purposes of the Research: To analyze and discuss the judge's legal considerations in deciding the case against the perpetrator of the fake website creation through social media in Decision No. 1194/Pid.Sus/2019/PN.Sby and to analyze and discuss the criminal liability of the perpetrator of the fake website creation through social media, so that the perpetrator can be held criminally liable for their actions. Methods of the Research: The method used in this research is normative juridical, utilizing a legal problem approach, a conceptual approach, and a case approach. The legal materials used include primary legal material, secondary legal material, and tertiary legal material. The legal material collection procedure was through literature review. The legal material processing was carried out in several stages, including editing, classification, analysis, and conclusion. The legal material analysis used was qualitative analysis. Results / Findings / Novelty of the Research: The judge's legal considerations regarding the perpetrator of the fake website creation through social media in Decision No. 1194/Pid.Sus/2019/PN.Sby indicate that the judge considered legal aspects, including the public prosecutor's indictment, criminal charges, the defendant's testimony, witness testimony, evidence, and the application of articles in criminal regulations by proving all elements of Article 35 of the ITE Law through valid evidence. The judge also considered non-legal aspects such as the defendant's background and the consequences of the defendant's actions and the criminal liability of the perpetrator of the fake website creation through social media. Decision No. 1194/Pid.Sus/2019/PN.Sby indicates that the defendant was legally and convincingly proven to have committed a crime as stipulated in Article 35 of the ITE Law.
Copyright (c) 2026 Zirel Josilia Toumahuw, Sherly Adam, Jetty Martje Patty https://creativecommons.org/licenses/by-nc/4.0
Ketidakadilan Pengaturan Dana Bagi Hasil Perikanan
Introduction: The state has determined the percentage of Revenue Sharing Funds (hereinafter abbreviated as DBH) from state revenues from the management of fisheries natural resources between the central government and regional governments through the provisions of Article 119 of Law Number 1 of 2022 concerning Financial Relations between the Central and Regional Governments. 20% (twenty percent) is the central government's share, and 80% (eighty percent) is the regional share. The 80% (eighty percent) of the regional share is divided among all regencies/cities and provinces that are not divided into autonomous districts/cities in Indonesia. Purposes of the Research: The purpose of this study is to examine and analyze the inequities in the regulation of Revenue Sharing Funds for fisheries resource management for producing provinces. The research method used is normative legal research Methods of the Research: The research method used in this paper is normative legal research, which primarily examines positive law provisions, legal principles, and legal doctrines to address the legal issues at hand. The approaches used are the statutory approach and the conceptual approach. Results / Findings / Novelty of the Research: The results show that 80% (eighty percent) of the fisheries DBH regulation, which is the regional share, is divided among all regencies/cities and provinces that are not divided into autonomous districts/cities in Indonesia. This indicates that producing provinces do not receive a share of the fisheries DBH distribution. However, districts/cities are not given the authority to manage fishery natural resources. Such a distribution, which excludes producing provinces like Maluku Province, is considered unfair. This differs from the regulation of the Revenue Sharing Fund (DBH) for natural resources in the forestry, mineral and coal, oil and gas, and geothermal sectors. The regulation of the fishery DBH should use a contribution approach to the results obtained from fisheries management activities. This means that the distribution is carried out proportionally as a manifestation of distributive justice in the distribution of the fishery DBH. The regulation of the fishery DBH distribution is adaptive according to the contribution of revenue from the fisheries sector generated by the region.
Copyright (c) 2026 Yohanes Pattinasarany https://creativecommons.org/licenses/by-nc/4.0
Pemberian Izin Usaha Toko Modern Alfamart Dan Indomaret Oleh Pemerintah Kota Ambon
Introduction: The problem studied in this research is about the granting of business licenses for modern stores alfamart and indomaret by the Ambon City Government based on the Presidential Regulation and the Regulation of the Minister of Trade which requires Regional Governments to establish their respective Regional Regulations related to the granting of business licenses for the construction of modern stores that have not been implemented by the Ambon City Government and the legal consequences of the negligence of the Regional Government. Purposes of the Research: Methods of the Research: The method used in analyzing and discussing the problem is normative research method. The Ambon City Government until now still has not established a Regional Regulation to regulate the granting of business licenses for modern alfamart and indomaret stores, this has resulted in the construction of modern alfamart and indomaret stores which are built in close proximity so that they can cause unfair competition between modern stores and people's markets / traditional shops Results / Findings / Novelty of the Research: The results showed that the Ambon city government, before the enactment of the Job Creation Law, always issued business licenses for the establishment of modern alfamart and indomaret stores based only on the Presidential Regulation and Permendag, but did not ignore its obligation to establish its Regional Regulations to regulate the granting of business licenses for modern alfamart and indomaret stores in the city of Ambon itself, resulting in a lot of unhealthy competition between small shop entrepreneurs or people's markets with traditional shops.
Copyright (c) 2025 Warnesy Atayen Samangun, Yohanes Pattinasarany, Garciano Nirahua https://creativecommons.org/licenses/by-nc/4.0
Implementasi Konvensi Hak-Hak Anak 1989 ( United Nations Convention On the Right of the Child ) Terhadap Pelanggaran Hak Asasi Anak Di Belarusia
Introduction: Child protection is all efforts made to create conditions so that every child can exercise their rights and obligations for the proper development and growth of children physically, mentally and socially. Child protection is a manifestation of justice in a society, thus child protection is sought in various fields of state and social life. Child protection activities have legal consequences, both in relation to written and unwritten law The Convention of Rights of the Child was ratified by the United Nations General Assembly on November 20, 1989, and entered into force on September 2, 1990. The Convention on the Rights of the Child is an instrument that formulates universal principles and legal norms regarding the position of children. As such, the Convention on the Rights of the Child is an international human rights treaty that incorporates civil, political, economic and cultural rights Purposes of the Research: Analyze and discuss the form of sanctions against perpetrators of violations of children's rights in Belarus and analyze and discuss the regulation of the protection of children's rights based on the 1989 United Nations Convention on the Rights of the Child. Methods of the Research: This type of research is normative juridical where the research is carried out by collecting primary, secondary and tertiary data obtained using literature studies. The data that has been collected is analyzed qualitatively in which the description is arranged systematically based on legal disciplines to achieve clarity of the problems to be discussed. Results / Findings / Novelty of the Research: The results of this study indicate that violations of children's rights in Belarus that have occurred have not been responded to properly, the State as an actor has not yet carried out its role and function as a protector of its citizens. The perpetrators of violations have not yet been prosecuted, therefore it is necessary to affirm human rights observers to continue to oversee violations of children's rights that occur in Belarus
Copyright (c) 2025 Susan Laura Sinay, Josina Augustina Yvonne Wattimena, Ekberth Vallen Noya https://creativecommons.org/licenses/by-nc/4.0
Keputusan Kepala Daerah Tentang Penetapan Kesatuan Masyarakat Hukum Adat Sebagai Desa
Introduction: The institutionalization of the Customary Law Community (MHA) unit into a Customary Village is carried out through a determination carried out by the Regional Head. Related to the determination as a unit of MHA as a Customary Village. Provisions regarding the requirements and implementation of the determination of the MHA unit to become a Customary Village are regulated in the provisions of Law No. 6 of 2014 Article 97. The implementation of the determination of the MHA unit as a Customary Village in reality, there are those that are not designated as Customary Villages, but as Villages, even though the requirements and criteria in the provisions of Law No. 6 of 2014 have been met. The determination of MHA units in West Seram Regency as a Village and not as a Customary Village raises legal problems. Juridically, normatively, the MHA units meet all the requirements and criteria of Law No. 6 of 2014 article 97, but are not designated as Customary Villages (or in SBB Regency term referred to as state) but as Villages. Purposes of the Research: The aim of this research is Validity of the Decision of the Regional Head Regarding the Determination of the Unity of the Customary Law Community as a Village Based on Law Number 6 of 2014 Methods of the Research: The research used by the author is an empirical juridical research type. The procedure for collecting legal materials by conducting research in the form of interviews and observations as well as literature studies on legal materials, namely primary legal materials and secondary legal materials. Then the legal materials that have been obtained are analyzed descriptively-qualitatively. Results / Findings / Novelty of the Research: The results obtained are the importance of determining the unity of the customary law community into a village must pay attention to various things in order to realize the welfare of the people which does not contradict the correct legal mechanism so that it does not have fatal legal consequences and is detrimental to the community.
Copyright (c) 2025 Ryan Kevin Nahumury, Renny Heronia Nendissa, Benjamin Carel Picauly https://creativecommons.org/licenses/by-nc/4.0
Pemenuhan Hak Restitusi Terhadap Anak Korban Tindak Pidana Pemerkosaan
Introduction: Children are very vulnerable to becoming victims of criminal acts, especially victims of rape. Therefore, the government has issued various kinds of laws and regulations so that every child gets legal protection and gets their rights. One of them is Article 71D of Law 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection which explains that child victims have the right to apply to the court for restitution or compensation. However, in reality, restitution has not been implemented in every court decision so that child victims do not get their rights. Purposes of the Research: examine and discuss mechanisms for fulfilling the right to restitution for children as victims of criminal acts of rape and obstacles in fulfilling the right to restitution for children as victims of criminal acts of rape. Methods of the Research: This research uses normative legal research methods based on primary and secondary legal materials and uses approaches: statutory approach, concept approach and case approach. Results / Findings / Novelty of the Research: The results of the research show that the mechanism for fulfilling restitution for child victims of criminal acts of rape is regulated in Government Regulation No. 43 of 2017 concerning the Implementation of Restitution for Children Who Are Victims of Crime. However, the implementation of restitution in various laws and regulations in Indonesia is still difficult to implement, this is due to the content of these laws and regulations, especially the mechanism for providing restitution, law enforcement, in which case investigators and public prosecutors are obliged to notify victims. to be able to apply for restitution. In fulfilling the right to restitution there are obstacles, namely law enforcement, the law itself, society, culture and the existence of accompanying institutions such as LPSK which do not yet exist in all provinces of Indonesia, including Maluku.
Copyright (c) 2025 Pricilia Triana Palijama, Hadibah Zachra Wadjo, Jetty Martje Patty https://creativecommons.org/licenses/by-nc/4.0
Kajian Yuridis Kejahatan Cyber Bullying Di Media Sosial
Introduction: Cyber bullying or bullying in cyberspace is an intentional act of intimidation, humiliation, humiliation or harassment via the internet. One typical example was experienced by FS, where the victim received deliberate insults from the perpetrato, through posts on the perpetrator's social account (FB). Purposes of the Research: this research aims to examine and discuss the elements of the criminal act of cyber bullying and the application of criminal sanctions against performers of cyber bullying. Methods of the Research: This research uses a normative juridical research method with the legal materials used, namely primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques were carried out through literature study and analyzed using qualitative methods to answer the problems in this research Results / Findings / Novelty of the Research: The results of this research explain that Cyber bullying is a bullying behavior or annoying behavior, continuously harassing or causing trouble to someone through the internet or cyberspace, such as spreading disputes, harassment, defamation, these actions comply with the formulation of article 27 paragraph (3 ) ITE Law. One of them is insulting or defaming which can make the perpetrator threatened with article 27 paragraph (3) and threatened with imprisonment for a maximum of 4 (four) years and/or a fine of a maximum of IDR 750,000,000.00 (seven hundred and fifty million rupiah). The crime of cyber bullying cannot be completely eradicated, but it can be prevented by starting from oneself, and this crime should not be ignored and considered a joke, but we must better understand the impact of the crime of cyber bullying itself
Copyright (c) 2025 Julio Lasamahu, Margie Gladies Sopacua, Astuti Nur Fadillah https://creativecommons.org/licenses/by-nc/4.0
Pemberian Bantuan Hukum Terhadap Tersangka Tindak Pidana Pelecehan Seksual Di Polsek Aru Tengah
Introduction: Legal Aid in the criminal justice system plays a very important role in ensuring a fair and humane judicial process. Providing legal assistance in the form of legal advisory assistance for suspects in the investigation process is a means of supporting law enforcement in general. Purposes of the Research: The research used is a type of empirical juridical research, or what is called field research, namely studying the applicable legal provisions and what is happening in reality in society. Methods of the Research: The research method in this paper uses a normative juridical research type. The research approach used is a statutory approach, a conceptual approach and a case approach. The procedure for collecting legal materials uses primary legal materials and secondary legal materials through books, articles, journals and the writings of legal experts, as well as legal materials analysis techniques in this study using qualitative analysis techniques. Resulth/Findings/ Novelthy of the research: The results of the study show that what the author can take from the suspect to obtain legal assistance at the investigation level as regulated in Article 56 paragraph (1) of the Criminal Procedure Code as a legal obligation has not been optimally realized by the Central Aru Police investigators, this can be seen in the examination process at the investigation level. , and obstacles in providing legal assistance to suspects in cases of criminal acts of sexual harassment at the Central Aru Police Sector, namely the absence of clear implementation mechanisms and rules governing the willingness of legal advisors to be appointed as legal counsel for suspects or defendants as regulated in Article 56 paragraph (1) KUHAP.
Copyright (c) 2023 Joses Sandhy Leinussa, Elsa Rina Maya Toule, Jetty Martje Patty https://creativecommons.org/licenses/by-nc/4.0
Penerapan Sanksi Pidana Terhadap Anggota Polri Yang Melakukan Penyalahgunaan Senjata Api
Introduction: Normatively, Indonesia is actually a country that is quite strict in implementing the rules of gun ownership for civilians. There are a number of legal bases that regulate this, starting from the level of the Law, namely Emergency Law Number 12 of 1951, Law Number 8 of 1948 and PERPU Number 20 of 1960. The rest are regulations issued by the Police such as the Chief of Police Decree No. Skep/244/II/1999 and Chief of Police Decree No. 82 of 2004 concerning the Implementation of Supervision and Control of Non-Organic Weapons. In fact, the use of firearms must be very sensitive and selective, not in every condition of handling crimes the police must show, point and even pop their firearms. In Perkap 01 of 2009 concerning the purpose of the use of force in police actions Article 2 states: The purpose of the use of force in police actions is: prevent, inhibit, or stop the actions of criminals or suspects who are attempting or carrying out actions that are against the law; prevent criminals or suspects from escaping or taking actions that endanger members of the Police or the public; protect themselves or the public from the threat of acts or actions of criminals or suspects that can cause severe or deadly injuries; or protect the honor of decency or property of oneself or the community from attacks that are against rights and / or threaten human life. Various cases of shooting or misuse of firearms by members of the police have resulted in the public becoming victims. Purposes of the Research: This article aims to analyze and discuss law enforcement for members of the National Police in the misuse of firearms and analyze and discuss the application of criminal sanctions against members of the National Police who misuse firearms. Methods of the Research: Research methods used with normative juridical research type. The problem approach used is the legislation approach, the concept analysis approach, the case approach. Sources of legal materials used are primary legal materials and secondary legal materials. The collection technique is through literature studies and is further analyzed through the way of description using qualitative methods. Results of the Research: The results showed that in law enforcement against unscrupulous members of the National Police through the application of criminal sanctions in the misuse of firearms through efforts to overcome the misuse of firearms by members of the National Police are grouped into 2 groups, namely repressively and preventively. Repressively, against members of the Police who misuse firearms will be subject to action in the form of disciplinary sanctions and / or criminal sanctions as stipulated in the Criminal Code. Preventive efforts are carried out by tightening psychological tests and mental tests for the right to hold firearms, not allowing members with personal, family or official problems to borrow firearms, and retesting the right to hold firearms for Polri members who hold firearms. The application of criminal sanctions against unscrupulous members of the National Police who misuse firearms resulting in the death of members of the public based on the laws and regulations applicable to unscrupulous members of the National Police is legally processed through a trial process in court and based on the juridical and non-juridical legal considerations of the Judge so that the judge decided that the defendant Markus Manuhutu alias Max alias Maku was legally and convincingly proven guilty of committing a criminal act due to his negligence resulting in the death of another person in accordance with Article 359 of the Criminal Code and imposed a prison sentence on the defendant with a prison sentence of 2 (two) years and 6 (six) months.
Copyright (c) 2023 Philicia Manuhutu, Saartje Sarah Alfons, Denny Latumaerissa https://creativecommons.org/licenses/by-nc/4.0
Kompensasi Terhadaap Anak Sebagai Korban Tindak Pidana Perkosaan
Introduction:Protection for victims of criminal acts can be interpreted as protection to obtain guarantees or legal compensation for the suffering or losses of victims of criminal acts so that they are paid more attention to by the State, one of which is the victims of rape crimes because victims are entitled to compensation provided by the State. Purposes of the Research:This study aims to review and discuss the Mechanism for Providing Compensation to children victims of the Rape Crime and the reasons for the judge so that in his decision compensation for children is handed over to the State treasury. Methods of the Research:The type of research used in this writing is nomative juridical. The problem approach used is the Statutory approach, the conceptual approach and the case approach. Legal materials used primary legal materials and secondary legal materials. The technique of collecting legal materials is carried out by means of literature studies. The management and analysis of materials is analyzed qualitatively. Results of the Research:Based on the results of the study, the compensation mechanism is regulated in Government Regulation No. 44 of 2008 concerning the Provision of Compensation, Restitution, and Legal Assistance to Witnesses and Victims. Compensation must be filed prior to a court decision that does not yet have permanent legal force. The Witness and Victim Protection Agency (LPSK) may apply for compensation to the public prosecutor to be included in criminal prosecutions because the compensation application must be submitted by the victim or the victim's family or their attorneys through the Witness and Victim Protection Agency (LPSK). The judge in his ruling so that the compensation of the child as a victim of the crime of rape is handed over to the State treasury because the child as a victim of a criminal act does not apply for compensation through the Witness and Victim Protection Agency to the Public Prosecutor and proceed to the Court so that in the judgment the rights of the child victim of the rape crime is handed over to the treasury.
Copyright (c) 2023 Weny Yorinike Larwuy, Sherly Adam, Yonna Beatrix Salamor https://creativecommons.org/licenses/by-nc/4.0
Physical Violence Against Children During the Covid-19 Pandemic
Introduction: Children are a vulnerable group that needs to be protected from all acts of crime and violence in accordance with statutory provisions so that their rights are fulfilled, especially during the pandemic. The Covid-19 pandemic also has an impact on acts of violence against children. During the Covid-19 pandemic, there were many acts of violence against children, as obtained from the Women and Children Protection Unit (PPA) of the Ambon Island and Lease Islands City Police, there was an increase in cases of physical violence against children, namely in 2020 there were 5 cases of reports that entered the PPA Polresta then in 2021 it increased to 10 cases against children in the form of physical violence. Purposes of the Research: The research method used is normative research, statutory approach, primary and secondary legal materials and material collection procedures using literature studies. Results of the Research: Factors causing physical violence in children during the Covid-19 pandemic include (1) Environmental factors, where the lack of control functions from the family causes children to mingle incorrectly so that it can result in things that are negative to the child; (2) Age factors, where the age of the child is also very important because many children who are not mature enough according to the statutory category do not understand well about violence and (3) Family factors where children lack attention from both parents so it is very easy for children to seek attention in ways such as committing violence against their fellow friends.
Copyright (c) 2023 Carlo Jean Katayane, Juanrico Alfaromona Sumarezs Titahelu https://creativecommons.org/licenses/by-nc/4.0
Penyelesaian Sengketa Inggris – Iran Terkait Hak Lintas Damai Kapal Stena Impero
Introduction: Since World War II the Law of the Sea has undergone many changes along with the times. The United Conference on Trade Development says almost more than 77 percent of international trade is transported by sea. As part of the sea, the strait plays an important role for international trade, one of which is the Strait of Hormuz. Purposes of the Research: To study or analyze how UNCLOS 1982 regulates the Right of Peaceful Passage and examines how the form of settlement of the Stena Impero vessel detention dispute. Methods of the Research: The research method used is normative juridical research, the type of research is analytical descriptive. The sources of legal materials used are primary, secondary and tertiary legal materials. The legal material collection technique used in this research is through library research. Analysis of legal materials is descriptive qualitative. Results of the Research: The research results conclude that the right of innocent passage has been regulated in UNCLOS 1982 Part III concerning Innocent Passage, article 45 paragraphs 1 and 2. Foreign ships that use the right of innocent passage in the territorial sea or waters of a coastal state must follow the regulations in force in that country and, in general, the mechanism of international law in resolving international disputes can be pursued through two channels, namely litigation and non-litigation. In particular, for the settlement of the Stena Impero ship dispute between Britain and Iran, the efforts that can be taken are through litigation, namely through the international court for the law of the sea (Internasional Tribunal for the Law on the Sea)
Copyright (c) 2023 Joel Tetelepta, Lucia Charlota Octovina Tahamata, Dyah Ridhul Airin Daties https://creativecommons.org/licenses/by-nc/4.0
Parallel Investigation As An Effective Step In Handling Cases Of Money Laundering Crimes Arising From Forestry And Environmental Crimes
Introduction: Parallel Investigation, is a concept in the enforcement of money laundering or money laundering, in Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering or hereinafter referred to as the Anti-Money Laundering Law Article 74 stipulates that "The ML investigation is carried out by investigators predicate offense in accordance with the provisions of the procedural law and the provisions of laws and regulations, unless otherwise provided for by this law”. Money laundering is a further crime from the predicate crime, one of the predicate crimes that has a high risk of money laundering is forestry and environmental crimes, the provisions of the Anti-Money Laundering Law article 74 and the issuance of the Constitutional Court decision Number 15/PUU-XIX/2021, which applies the principle of parallel investigation in money laundering originating from forestry and environmental crimes. Purposes of the Research: The purpose of this study is to find out the effectiveness of using the principle of parallel investigation in handling money laundering offenses originating from forestry and environmental crimes. Results of the Research: The results of the study show that Parallel Investigation is an effective step in handling money laundering offenses arising from forestry and environmental crimes because Parallel investigation is a concept where investigators of predicate crimes, namely PPNS, can handle money laundering offenses investigations if there are findings in the investigation of predicate crimes, which will reduce the total costs. and it will not take a long time because there is no longer a need for a new investigation by combining ML investigations and forestry and environmental crimes into a single investigation process.
Copyright (c) 2023 Ronny Putra Dirgantara Paklioy, Margie Gladies Sopacua https://creativecommons.org/licenses/by-nc/4.0
Kajian Aspek Pidana Kepemilikan Kartu Tanda Penduduk (KTP) Indonesia Secara Ilegal Oleh Warga Negara Asing
Introduction: Illegal possession of Indonesian identity cards (KTP) by foreign nationals (WNA) is still a problem that often occurs in the community. The requirement for a foreigner to have an Indonesian KTP is legally regulated in Law Number 24 of 2013 concerning amendments to Law Number 23 of 2006 concerning population administration. So whether the ownership of Indonesian KTP by foreigners has fulfilled the requirements of the provisions stipulated in the law. Purposes of the Research: The purpose of the study is to examine the criminal aspects of illegal ownership of Indonesian KTPs by foreigners and discuss the legal consequences. Methods of the Research: The method used in this study is normative juridical with a statutory approach, a concept approach, and a case approach. Legal material collection techniques use literature studies and legal material processing and analysis techniques using qualitative methods. Results of the Research: The results of the study show that the criminal aspects of illegal ownership of KTP by foreigners include the criminal act of forgery which in this case the ownership is invalid or inkrah because it does not meet the requirements for ownership of an Indonesian KTP that has been regulated in Indonesian laws and regulations.In the case of having an ID card illegally so that it causes the ID card to be a fake letter, the act of forgery has its own responsibility for the criminal acts that have been committed by the perpetrator.The legal consequences of illegal possession of Indonesian KTPs by foreigners can be processed legally and subject to article 263 of the Criminal Code because the ownership of the KTP is not found in accordance with article 63 of the Population Administration Law so that the KTP is fake or legally invalid. When making an ID card, the perpetrator involves civil servants, population and civil registration and bribes to issue the ID card so that based on article 55 paragraph (1) of the Criminal Code, the perpetrator can be subject to article 5 paragraph (1) of the Criminal Law to be held accountable for criminal acts that have been committed by the perpetrators
Copyright (c) 2023 Ainun Mardiah, Sherly Adam, Jetty Martje Patty https://creativecommons.org/licenses/by-nc/4.0
Analisis Yuridis Penegakan Hukum Terhadap Warga Negara Asing Sebagai Pelaku Tindak Pidana Keimigrasian
Introduction: Immigration as stated in Chapter 1 Article 1 number (1) of Law Number 6 of 2011 concerning Immigration is a matter regarding the movement of people entering or leaving the territory of the Republic of Indonesia and the supervision of foreigners in the territory of the Republic of Indonesia. The arrival of foreign nationals can actually have a positive impact, as in this era of globalization it can help develop tourism levels and develop economic investment in various regions. However, many people do not know that crimes often occur when foreign nationals come to Indonesia, for this reason the problem studied in this paper is how to overcome immigration crimes committed by foreign nationals. Results of the Research: Efforts to overcome immigration crimes committed by foreign citizens by means of prevention and deterrence. Prevention is a temporary prohibition on certain people leaving the territory of Indonesia for certain reasons. Meanwhile, deterrence is a temporary prohibition on certain people from entering Indonesian territory based on certain reasons. The implementation of prevention and deterrence is the authority of the Ministry of Law and Human Rights issued through the Directorate General of Immigration. There is a need for the government and law enforcement officials to play a role in preventing and dealing with immigration crimes committed by foreign citizens.
Copyright (c) 2023 Fahrul Resa Taekedangan, Josina Augustina Yvonne Wattimena, Reimon Supusepa https://creativecommons.org/licenses/by-nc/4.0
Kajian Yuridis Kesaksian Palsu Dalam Pembuktian Tindak Pidana
Introduction: Evidence is a very decisive factor for judges in making decisions. Witnesses are needed in explaining a case. In giving testimony, witnesses must provide truthful information. In order for witness testimony to be considered valid, it must meet the conditions specified in the Criminal Procedure Code. A statement given under oath where the content contradicts the truth both in a positive sense, namely giving false information (fabricating) or in a negative sense, namely hiding the truth, is also called perjury. Purposes of the Research: to analyze explaining that false testimony is a crime as well as the mechanism for handling or legal remedies against false testimony in proving a crime. Methods of the Research: The type of research used in this study is normative juridical. The sources of legal materials are primary and secondary legal materials. Data collection techniques are carried out through identification of laws and regulations, legal journals, books. Results of the Research: the construction of false testimony in the Criminal Code must fulfill the element of testimony that must be under oath. The statement must be required by law or according to regulations that determine the legal consequences of said statement, the statement must be false (incorrect) and this falsehood is known to the giver of the statement. Second, proving the act of justifying false testimony in criminal procedural law can be carried out if the witness continues to defend his statement until the witness examination is complete, then a criminal act of perjury occurs which is then supported by a decision stating that the defendant has not been legally and convincingly proven and the judge orders the defendant to immediately released from custody so that this will become the subject of a new case that can be reported by the defendant's lawyer or the defendant himself
Copyright (c) 2023 Christi Marvel Latupeirissa, Deassy Jacomina Anthoneta Hehanussa, Julianus Edwin Latupeirissa https://creativecommons.org/licenses/by-nc/4.0
Penganiyaan Terhadap Anak Pasca Sekolah Offline Pada Masa Pandemi Covid 19
Introduction: The Indonesian government has issued a number of policies to support criminal law enforcement during the Covid-19 pandemic. Children are entrusted by God Almighty who must be guarded and protected as the next generation of the nation and State. Children's rights must also be fulfilled and protected from violence and all forms of discrimination and treatment that are contrary to the general principles of child protection. As for the events that occurred after the Covid 19 pandemic, namely children committing violence against fellow students where the chronology of events was on Monday, October 10, 2022 at around 15.00 WIT, located in front of the Ambon Muhamadiah school in Talake, where the perpetrator FF stopped the victim when he returned home from school and beat the victim using his right and left hands repeatedly on the victim's face and kicked the victim from behind hitting the victim's spine. RS saw the beating and immediately ran towards the victim and also beat the victim using his right fist and left fist towards the back of the victim's head. Purposes of the Research: This study uses normative legal research methods. Peter Mahmud Marzuki, argues that normative legal research which is another name for doctrinal legal research is also known as library research or document study because this research is carried out or shown only on written regulations or other legal materials Results of the Research: The reasons why children commit violence in the form of maltreatment during the post-pandemic covid 19 online school include; 1) Internal Factors which are divided into; a) the child's own factors where the child has a bad character; b) parental or family factors where the child grows and develops with violence from both parents; c) poverty factors where a person is unable to meet his own needs according to the standard of living; and d) the presence of unwanted children, namely parents who do not anticipate pregnancy so they will do everything in their power to get rid of the child, then 2) External factors consisting of; a) outer circle factors where this factor talks about a bad environment that causes children to commit violence against other children in the form of maltreatment; b) social media where users can easily participate, communicate, share, and create different content without space and time restrictions; and c) cultural factors where they still think that the status of children is underestimated and must be punished if they do not conform to parental expectations.
Copyright (c) 2023 Virley Kezia Soehadi, Margie Gladies Sopacua, Denny Latumerissa https://creativecommons.org/licenses/by-nc/4.0
Keabsahan Perjanjian Lisan Dalam Masyarakat Adat
Introduction: An agreement is a legal action that is often carried out by the community in order to fulfill the necessities of life. This is also often practiced by indigenous peoples in their daily lives. Purposes of the Research: This writing intends to examine the validity of the agreements practiced in indigenous peoples Methods of the Research: This writing uses a normative juridical method based on primary and secondary legal materials, namely research that refers to the norms contained in laws and regulations. Results of the Research: The validity of an agreement is determined by whether or not the agreement is fulfilled with the legal terms of the agreement specified in Article 1320 of the Civil Code. Based on the author's analysis, agreements made in indigenous peoples fulfill the legal requirements of an agreement so that even if they are only made orally, they still have legal consequences.
Copyright (c) 2023 Ronald Fadly Sopamena, Astuti Nur Fadillah, Siska Vilonia Indah Sopamena, Fruli Rumahlewang, Gregory Anthonio Sahupala https://creativecommons.org/licenses/by-nc/4.0
Yurisdiksi Dewan Hak Asasi Manusia Dan Intervensi Honor Killing
Introduction: Honor Killing is a murder committed to protect family honor. One case of honor killing occurred in Afghanistan in June 2022, where a family member committed an honor killing on two children who had just gone shopping and were returning home. Even though Afghanistan has made various efforts to protect women's human rights, violations of women's rights still occur. Purposes of the Research: To study and find out about the Jurisdictional Arrangements of the Human Rights Council based on International Law and to study and find out whether the Human Rights Council can intervene in acts of Honor Killing in a country. Methods of the Research :This research method is normative juridical where research is carried out by collecting primary, secondary and tertiary data obtained using library research. The data that has been collected is analyzed qualitatively, the description of which is arranged systematically based on legal disciplines to achieve clarity on the issues to be discussed. Results of the Research: The results of this research show that the jurisdictional arrangements of the Human Rights Council based on international law were established as a body under the United Nations (UN) in 2006, through UN General Assembly resolution 60/251. Regulations regarding the Human Rights Council are contained in the UN Charter, which gives the Human Rights Council a mandate to promote and protect human rights throughout the world. In addition, the basic rules and procedures of the Human Rights Council are regulated by the UN Charter, various international human rights instruments, as well as relevant resolutions and decisions of the UN General Assembly. The Human Rights Council has the authority to monitor the implementation of human rights in its member countries, provide recommendations, and investigate human rights violations. The UN Human Rights Council does not have direct authority to carry out physical intervention or law enforcement in certain countries. However, intervention in specific cases such as honor killings depends on a number of factors, including the policy and authority of the board. Direct intervention in cases of individual crimes, including honor killings, falls under the authority of member states and national legal institutions. The Human Rights Council can encourage countries to take firm action in dealing with human rights violations such as "honor killings" by strengthening the legal system and protection of women.
Copyright (c) 2024 Salshabilla Alaida Mesfer, Lucia Charlota Octovina Tahamata, Wilshen Leatemia https://creativecommons.org/licenses/by-nc/4.0
Pengakuan Terhadap Wilayah Baru Akibat Akresi Menurut Hukum Internasional
Introduction: In general, the territory of a country already existed when the country was born, because territory is one of the mandatory requirements for an entity to be called a country. However, in acquiring a territory, not all countries obtain the same route, there are several ways of obtaining a territory based on International Law. One of them is addition (accretion). Purposes of the Research: This research aims to describe and analyze claims regarding the phenomenon of the emergence of new areas due to natural accretion according to international law. Methods of the Research: The research method used in this writing is a normative legal research method, including research on legal principles, research on legal systematics, and international rules regarding claims to new territories that have emerged as a result of accretion. The data collected was analyzed qualitatively to provide an in-depth understanding of Recognition in international law and provide insight into a State's claim to a new territory due to natural accretion which prioritizes international rules regarding the conditions for claiming a new territory based on territorial boundaries. a State relating to State sovereignty. Results of the Research: The research results show that confession is a method of accepting factual situations which are then followed by legal consequences. The effect of granting recognition to the country that is given recognition is that it makes it easier for that country to carry out international transactions in the future. So, if another country has given recognition to the new country, this statement will automatically show that the new country has the same legal rights and obligations in international law. Apart from that, recognition is the acceptance of another country as a legal subject for another country to have the capacity and act as a legal subject. Recognition of new territory as a result of accretion must also be reviewed based on international law, which applies rules regarding the application of the boundaries of a country's territory to be able to claim the new territory.
Copyright (c) 2024 Armelia Febriyanty Waas, Lanang Dwi Aksa https://creativecommons.org/licenses/by-nc/4.0