Proceedings Series on Social Sciences & Humaniti
The Proceedings Series on Social Sciences & Humanities aims to publish proceedings from conferences on the scope social sciences and humanities. Read full Aims & Scope Indexed: Google Scholar, Crossref, Garuda, Dimensions, Copernicus ISSN: 2808-103X
Comparative Perspectives on Non-Conviction Based
One of the most crucial instruments in fighting against corruption, money laundering, and transnational organized crime is non-conviction-based asset forfeiture, or NCB-AF. The seizure of assets linked to illegal activity is permitted under this mechanism without a prior criminal conviction, on the condition that robust due process protections are maintained. Using international standards such as the UN Convention Against Corruption (UNCAC), the United Nations Convention Against Transnational Organized Crime (UN-CATOC), and the Financial Action Task Force's ( FATF) recommendations, this research aims to analyze the NCB-AF laws and regulations in the following selected nations: the United States and the United Kingdom. The main research question is twofold: first, to examine the practical application and effectiveness of NCB-AF mechanisms in selected jurisdictions; and second, to synthesize key insights from these comparative models to inform the development of a robust NCB-AF framework in Indonesia. This research applies normative legal analysis through a comparative legal framework. The results show that there are many different types of models, such as civil in rem proceedings, unexplained wealth regimes, and reverse onus provisions. While NCB-AF has proven effective in asset recovery and disrupting criminal enterprises, it raises concerns regarding human rights safeguards and international cooperation. The study suggests that Indonesia should design a balanced NCB-AF framework that harmonizes international standards with constitutional protections.
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Juridical Basis of Murabahah Bil Wakalah Contracts at Islamic Banks
The wakalah agreement that appears in financing schemes in Islamic banks becomes a series with the murabahah agreement. This series of contracts then appears in financing in the form of a murabahah bil wakalah contract. The specific purpose of this research is to find out and analyze the juridical basis of the murabahah bil wakalah contract in positive law and Islamic Law in Indonesia. This research is categorized as legal research with a normative juridical method. The normative juridical approach used is the statute approach. The data collection method in this research uses cross methods, namely literature study, observation and interviews, according to the types and sources of data needed. Until now, there are no rules governing murabahah bil wakalah as a unit in Islamic bank financing products, both rules in positive law and Islamic law in Fatwa DSN MUI. Therefore, the juridical basis for murabahah bil wakalah financing comes from the juridical basis for each murabahah contract and wakalah contract, whether from the Law, Regulations of the Financial Services Authority of the Republic of Indonesia, or other laws and regulations, as well as Fatwa DSN MUI.
Copyright (c) 2023 Proceedings Series on Social Sciences & Humanities https://creativecommons.org/licenses/by/4.0
Effective and Efficient Dispute Resolution Through Optimation of Court Connected Mediation
The judiciary is a mechanism provided by the state to resolve disputes. However in practice, dispute resolution in court is not in accordance with the principles of justice, namely effective and efficient judicial institutions. This research aims to analyze the legality and development of mediation in court. The research method used is library research with secondary data sources in the form of laws and regulations, research results and literature. One of the progressive ideas of the Supreme Court of the Republic of Indonesia in order to realize effective and efficient courts, among others, is to strengthen the institution of mediation in the Court for the settlement of civil disputes. However, it seems that the efforts of the Supreme Court institutions need to be further refined through improving the quality and quantity of human resources, improving supporting infrastructure and court institutions are consistent in supporting the mediation development programs in the Court.
The Application of Restorative Justice in Traffic Accidents with Child Perpetrators that Resulted in The Death of The Victim
The basic principle of restorative justice in the case of an accident that resulted in the death of the victim is the recovery of the victim's heirs who suffered from the death of the victim. The perpetrator's family and the victim's family make an agreement in the form of compensation to the victim's family. This research examines the settlement of traffic accident cases with the principle of restorative justice in Law Number 22 of 2009 concerning Road Traffic and Transportation and the application of the principle of restorative justice in the examination of cases in court in cases of traffic accidents committed by children resulting in death. The research method is normative juridical. The results showed that Law Number 22 of 2009 concerning Road Traffic and Transportation requires compensation to be given to the victim's family where in the perspective of restorative justice this is in line with the recovery of losses suffered by the victim's family. If the perpetrator is a child, the settlement uses diversion if there is an agreement between the parties. If no agreement is reached, the examination continues in court where the judge still prioritizes the principles of restorative justice in examining and passing a verdict.
Double Certificates and Its Resolution in (Study of Supreme Court Decision Number 976 K/PDT/2015)
One of the goals of the Basic Agrarian Law (Undang-Undang Pokok Agraria, UUPA) is to provide legal certainty for all individuals and to facilitate the functioning of the earth, water, and space, as well as natural resources. In reality, however, the law has not yet provided legal certainty over land in the case of double certificates, as stated in Supreme Court Decision No. 976 K/PDT of 2015. The problem posed by this study is how and what the obstacles are for prevent the development of duplicate certificates. This is normative legal research employing secondary data, the statute approach, and the conceptual approach. To prevent the occurrence of double certificates, it is necessary to implement a computerization/digitization program for land registration maps to reduce error by humans, acquire data on land parcels that have certificates, make plotting efforts utilizing GPS (Global Positioning System) technology, restrict the land registration process and administration pertaining to village land, and implement blockchain technology in land administration. Meanwhile, the public's lack of interest in registering their land through the Comprehensive Systematic Land Registration (Pendaftaran Tanah Sistematis Lengkap, PTSL) scheme, procedural errors in the land assessment procedure, a negative land publication system in which the data presented is not necessarily valid, and the state's inability to guarantee the accuracy of the data presented are impediments to these efforts. Moreover, the present agrarian law is a colonialist relic that is not in the community's best interests.
Restorative Justice in The Settlement of Fraud Crimes in The Banyumas Police Criminal Investigation Unit
The settlement of fraud cases with restorative justice is an innovative step to follow the dynamics of the development of the legal world which began to shift from positivism to progressive. Restorative justice is an approach that focuses more on the conditions for the creation of justice and balance for the perpetrators of criminal acts and the victims themselves. The research method used is empirical juridical, namely legal research on the implementation of restorative justice in action in the settlement of fraud cases by the Banyumas Police Criminal Investigation Unit. The purpose of this research is to analyze the settlement of fraud crimes through restorative justice and to find out the obstacles in the settlement of theft crimes through restorative justice at Satreskrim Polresta Banyumas. The results showed that the Banyumas Police Criminal Investigation Unit resolved fraud cases using a restorative justice approach based on Police Regulation Number 8 of 2021 concerning Handling Crimes Based on Restorative Justice, namely by bringing together the perpetrator and victim and seeking to restore the losses suffered by the victim. The obstacles faced by Satreskrim Polresta Banyumas are that the victim does not want the involvement of outside parties in resolving his case and the inability of the perpetrator to fulfill the compensation requested by the victim, causing the settlement of fraud cases through restorative justice to fail.
The Influence of The Child-Friendly District Program on The Fulfillment of Children's Rights in Banyumas District
Children play an important role in the future of a country, therefore the state has an obligation to protect their rights. Various child protection efforts through the issuance of legislation and concrete programs based on child protection have been carried out by the government. One of the child protection-based government policies implemented in the regions is the child-friendly district program. In 2021, the Banyumas Regency Government was successfully confirmed as a Child Friendly Regency. The objectives of the research are to determine the indicators that must be met by Banyumas Regency in order to be designated as a Child Friendly Regency, to find out how to create a child-friendly village regulation and to analyze the effect of the Child Friendly Regency Program on the fulfillment of children's rights in Banyumas Regency. The output of this research is an article in the national journal Sinta 6, namely Idea Law, Faculty of Law, Universitas Jenderal Soedirman Purwokerto, articles in proceedings with ISBN and copyright of scientific articles.
Counseling and Training on Mediation in Family Disputes as an Alternative to Dispute Resolution for Members of The Muhammadiyah Branch Leadership (PCM) Ulujami, Pemalang District
Community service activities carried out by a team from the Faculty of Law, Muhammadiyah Purwokerto University which was held on February 3, 2023, located in Ulujami District, Pemalang Regency. The implementation of counseling activities and mediation training is one way to prevent divorce. Based on statistical data that Pemalang Regency is the district with the second highest divorce rate in Central Java. Both divorces are caused by divorce that is done by the husband or divorce that is done by the wife. There are factors that cause divorce filed at the Pemalang Religious Court. The purpose of this service, to reduce the divorce rate in Pemalang Regency, especially for members of the Muhammadiyah Branch Leadership (PCM) Ulujami with the need for counseling and mediation training as an effort to prevent the breakdown of marriage due to divorce if one of the two husbands and wives sues for divorce, and between husband and wife can get along again to become a complete family. Thus conducting counseling and mediation training as an alternative to family dispute resolution is very necessary for districts / cities with high divorce rates. Some of the supporting factors for this service activity include the very high enthusiasm of the members to gain knowledge and training with the presence of 35 members from each family representative under PCM Ulujami Pemalang Regency. Some of the obstacles faced during the service were limitations in supporting facilities including limited space and limited time.
Legal Responsibility for Patient Rights for Negligence in Health Services According to Law Number 44 of 2009
Hospitals are health care institutions that organize comprehensive individual health services that provide inpatient, outpatient, and emergency care. Based on Article 46 of Law Number 44 of 2009 concerning Hospitals, which states that hospitals are legally responsible for all losses caused by the negligence of health workers in hospitals. As the law develops, the position of patients as consumers and doctors and other medical personnel as health servants becomes equal. This equal position then creates rights and obligations that must be fulfilled from each party. This study aims to determine the responsibility of hospitals for the negligence of their medical personnel and the legal protection of patients in the act of childbirth performed in hospitals by being linked to Law Number 36 of 2009 concerning Health. This research is made using normative juridical methods through legal and conceptual approaches with primary, secondary and tertiary legal materials to support the research. The result of this research is legal certainty related to the hospital's responsibility towards the patient and legal protection of the patient's rights for negligence committed by medical personnel.
Juridical Analysis of the Handling of Domestic Violence by LPPA in Banyumas City
Domestic violence is a serious problem that harms individuals, families and society at large. To overcome the negative impacts caused, the government and non-governmental organizations have established institutions in charge of handling domestic violence cases. One of the institutions responsible for this is the Institute for the Protection of Women and Children (LPPA) of Banyumas City. This study aims to examine and understand more deeply the role of LPPA institutions in Banyumas city and to examine and how the effectiveness of legal protection carried out against victims of domestic violence. The method used is normative juridical research with a statutory approach. The data used is sourced from laws, relevant legislation, as well as policies and guidelines implemented by LPPA in Banyumas city.
Compensation Process for People Who Are Victims of Trading with Binary Option Systems
Binary Option is the activity of determining the price movement of an asset within a certain period of time as chosen by the trader in the online trading terminal. assets that can be represented by company shares, stock indices, currency pairs (exchange rates from one currency to another), the price of goods in exchange for commodities, commodity options, and so on. This study aims to determine the legality and settlement process of compensation. loss to victims of binary options trading cases. The method used by the author in this research is using the normative juridical method. The normative juridical research is carried out by means of a literature study by basing its analysis on the applicable laws and regulations and is relevant to the legal issues that are the focus of the research, researching library materials or secondary materials with a statutory approach. invitation (Statute Approach) by reviewing all laws and regulations related to the problems (legal issues) being faced based on the research results obtained Legally, the legality in the Binary Option system does not meet the legal criteria because from a legal perspective binary options are prohibited by Bappebti because it is an activity prohibited by the PBK (Commodity Futures Trading) Law Article 1 number 8 of UU No. 10 of 2011 concerning Changes Based on UU No. 32 of 1997. Forms of legal protection for victims of losses suffered as a result of these crimes, there are three ways to take the right of restitution, victims can request restitution rights to LPSK, victims can claim compensation under Article 1365 of the Civil Code for unlawful acts and the rights of victims can be obtained by combining cases in court in accordance with article 98 of the Criminal Procedure Code.
The Effectiveness of the Law of the Republic of Indonesia Number 22 of 2009 Concerning Road Traffic and Transportation on Road Accidents
Due to rapidly growing prosperity and the development of traffic technology, the traffic of passengers and goods by motorized vehicles is increasing. This has resulted in an increasing number of traffic accident victims, both drivers and road users. Accidents are caused by three main factors, namely first the human factor, second the vehicle factor, and finally the road factor. Starting from this road factor, the author discusses the causes of traffic accidents. Article 273 of the Road Traffic and Transportation Law Number 22 of 2009 states that the state is responsible for accidents caused by damaged roads. In order to use legal theory as an analytical tool in the research, theories such as the theory of responsibility and the theory of police are used in the handling of events or legal issues raised in the work. The author uses empirical or sociological research methods. The factor that limits the implementation of Article 273 of the Government Transportation Law No. 22 of 2009 is the absence of government regulations that regulate the provisions of Article 273 in more detail. The road administration is responsible for this problem. This uncertainty may affect the application of Article 273 by police authorities. People who do not report accidents due to damaged roads or potholes. Some do not know for various reasons and some do not want to engage with law enforcement officials who treat accidents as accidents. In this case, the police institution itself and the laws made by the government are not implemented because they are related to the government's responsibility.
Legal Protection of Abortion for Rape Victims
This study discusses: How is the legal review of the act of abortion as a result of rape based on Law no. 39 of 1999 concerning Health and its Relation to Human Rights, and how is the application of material criminal law by Judges to perpetrators of participation in the crime of abortion. The approach method used in this study is a normative juridical approach. The data collection method in this study was carried out by means of literature study. The data that has been collected, then processed and analyzed using qualitative methods. The results of this study can be concluded that: Rape victims experience unwanted pregnancies not only experience mental and psychological suffering, they also have to seek justice through legal means as a result of their abortions. The Indonesian Criminal Code strictly prohibits all forms of abortion. Whereas Law Number 36 of 2009 concerning Health provides confirmation of legal abortion arrangements, namely the result of medical emergencies and pregnancy as a result of rape. The perpetrator of the abortion as a result of rape is included in the category of unlawful acts or strictly regulated in Article 48 of the Criminal Code that no one can be punished by anyone who commits an act because he was forced by an urgent condition (overmacht). Human rights which are more specific to women's reproductive rights as part of women's human rights are guaranteed to be fulfilled in the Constitution of the Republic of Indonesia jo. Article 49 paragraph (3) of Law Number 39 of 1999 concerning Human Rights states that the special rights attached to women due to their reproductive function are guaranteed and protected by law. Children as victims of rape as well as perpetrators of abortion who are charged with imprisonment will have a negative impact on the mental growth and soul of the child. Based on criminal responsibility explained in the doctrine that the elements seen are the ability to be responsible, there is an element of error, there is no excuse for forgiveness. Rape victims as well as abortion perpetrators, who are clearly victims, instead receive unfair treatment when seeking justice. Children should receive guarantees for normal physical, mental and mental development. Settlement of cases against child victims of rape as well as perpetrators of abortion through the judicial process, the results will give a negative stamp to children as convicts who can adversely affect the community environment.
Formulation of Standard Agreement in the Framework of Consumer Legal Protection of PT. PLN
This study examines the legal consequences in the standard agreement between State Electricity Company (PT. PLN) as a public interest service provider company with consumers. This research study focuses on; First, legal protection for consumers if PT. PLN as a public interest service provider company does not fulfill its obligations in the power purchase agreement. Second, dispute resolution between consumers and PT. PLN. The purpose of this research is to contribute to the development of legal science in the field of Consumer Protection Law. The theoretical and practical benefits of this research are expected to contribute to the development of notarial law, especially regarding the formulation of standard agreements in the co ntext of consumer legal protection of PT. PLN. This type of research is normative, or also known as library research. The study concludes that the legal protection of electricity customers in relation to the power purchase agreement letter (SPJBTL) has notbeen fully implemented. Regarding dispute resolution, it is possible for consumers to resolve through non-litigation legal channels, namely through the Consumer Dispute Resolution Agency (BPSK), because BPSK is easier, cheaper, faster, and simpler, in this case BPSK acts as a mediator in resolving electricity consumer disputes.
Legal Protection Against Occupational Safety and Health (K3) at PT. Geo Dipa Energi Wonosobo Based on the Law of the Republic of Indonesia Number 1 of 1970 on Occupational Safety
Legal protection is to provide protection for human rights (HAM) that are harmed by others and the protection is given to the community in order to enjoy all the rights granted by law, legal protection of occupational safety and health is regulated in Law No. 1 of 1970 concerning Occupational Safety. The normative-empirical research method is legal research based on legal research that not only examines the system of norms in legislation, the method of analysis used in this research is to use qualitative data. The protection provided to workers of PT Geo Dipa Energi Wonosobo is in accordance with applicable laws and regulations such as matters related to employment relationships, long contract agreements are returned to the agreement mechanism for the parties, namely the worker and the employer through an agreement called a work agreement, collective labor agreement or company regulation.
The Urgency of Punishment Policy for Buyers of Child Sexual Exploitation in the Form of Prostitution
As the weakest and most vulnerable social beings in society, ironically, children are often put in a disadvantaged position, and become victims of a crime. One of the problems faced by children is the crime of sexual exploitation of children in the form of child prostitution. One of the reasons why child prostitution is increasing is the growing demand for the global sex market. Child sex buyers have a big hand in controlling child prostitution by creating a demand for it. Reflecting on the countries of South Korea, Philippines and Sweden which already have specific and firm national regulations in providing elements regarding the sexual exploitation of children and the punishment of buyers of child sex in the form of prostitution. This is what is needed to be accommodated in the current Child Protection Law in Indonesia by making clear, firm, and specific regulations so that it will not provide errors for all law enforcement officers in dealing with and resolving criminal cases of sexual exploitation of children in the form of child prostitution.
The Rise of Silver Man at the Intersection of Purwokerto City Traffic Lights
One of the social symptoms in society is the phenomenon of the emergence of the silver man at the red light intersection of Purwokerto City. Silver people are not beggars but street artists, they peddle themselves with sculpture knowledge and hope to get rewards from art lovers, especially sculpture for their own survival with their families. The purpose of this research is to analyze the existence of the silver man, when it emerged and what motivated someone to become a silver man. The solidarity of the silver human community in maintaining the life and economy of the family makes this research a problem formulation. Using descriptive qualitative research methods, such as observation, interviews and document studies, researchers collect data from the field, analyze, present and draw conclusions. From all the data collected, researchers concluded that the emergence of silver people is based on the demands of life or survival where work opportunities are very narrow and limited, limited education and various types of poverty. They are considered beggars and become a social problem in society because they ask for rewards from road users, they are also the target of arrest from the pamong praja police because they are considered disturbing order and security so they are always chased and sent to the city or district social service.
Case Analysis of Habib Riziq Shihab in Spreading Fake News to Personal Medical Record
Riziq shihab lied to the public about himself as if he did not experience covid-19, even though it was known and confirmed that he was positively infected with covid-19. There are 2 problem formulations discussed including: 1) How is the protection of the confidentiality of medical records and personal privacy data in Indonesia? and 2) How did the panel of judges interpret Articles 14 and 15 of Law Number 1 of 1946 in the sentencing of Habib Riziq Shihab? The research method used by the author is the normative juridical method. Literature review that collects primary, secondary and tertiary legal materials to be analyzed in perspective. There are two laws regulated in the Criminal Code in general and the ITE Law in particular. a general and the ITE Law specifically in ensnaring Riziq Shihab.
Law Enforcement Against Influencers (Artists, Youtubers, and Celebgrams) Who Promote Online Gambling Sites
The development of technology in the current era of globalization continues to develop in facilitating human life to carry out daily activities. With the rapid development of technology, it is easier to interact on the internet, namely social media. The existence of social media such as YouTube and Instagram causes many new celebrities and YouTubers to emerge, with many followers on Instagram and YouTube platforms causing offers from online gambling sites to promote with large enough rewards so that they become tempted to promote. This research determines the formulation of the problem, namely how legal action against Influencers (artists, youtubers, celebrities) who promote online gambling sites and What obstacles Law Enforcement Faces in Combating Influencers who promote Online Gambling Sites. The purpose of this research is to provide a deterrent effect to actors including public figures who promote or advertise on their social media platforms and prevent and minimize the emergence of new actors either playing or owning online gambling site platforms. This research is analyzed using normative juridical research methods, in order to use this research to provide law enforcement to influencers who promote online gambling sites because there are still many freely promoting them.
Legal Antinomy in the Implementation of Government Contract Dispute Resolution with Private Parties
The procurement of goods and services for the benefit of the state is one of the means of driving the wheels of the economy to increase the prosperity of the national economy, because the acquisition of goods and services by the government is intended for public services. Public procurement of goods/services carried out through contracts between the government and the private sector, in addition to being subject to civil jurisdiction, is also subject to public sector rules. This research aims to discuss the implementation of dispute resolution of goods and services procurement contracts between the Government and private parties with regard to the application of public law and private law. This research is written using the normative juridical method through a Legislation and case approach using binding primary legal materials and secondary legal materials as references. The result of this research is that legal efforts to resolve disputes between the government and private parties in civil case law, namely by litigation and non-litigation, are generally carried out with public law and civil law because they are carried out for the implementation of government functions. So to overcome the problems that often arise in the field, this is regulated in the Arbitration and Alternative Dispute Resolution Law No. 30 of 1999 which regulates the procedures for resolving disputes between contracting parties. In addition, the provisions for contract termination, especially public goods/services contracts, are also contained in Presidential Regulation No. 16/2018.
Legal Protection of Consumer Personal Data in the Case of Fintech Peer to Peer Lending
Fintech is a financial product and service through the incorporation of technology platforms and business models that are innovative, effective and efficient. However, some time ago there was a case of misuse of personal data of fintech users. The offense committed is to disseminate consumer personal data without the consent or knowledge of consumers. The purpose of this study is to determine the legal protection of consumer personal data and legal remedies that can be taken by financial technology consumers if personal data is misused by the organizer. The research method used is normative juridical approach. The results of this study state that, Regulations regarding the protection of personal data to online loan users can refer to POJK No. 1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector. The regulation contains preventive and repressive protection. Victims of personal data misuse can make legal efforts by way of deliberation and complaints to the Ministry of Communication and Information or OJK (non-litigation) and if it does not resolve consumer disputes can file a civil lawsuit (litigation) on the basis of Unlawful Acts I PMH and request compensation.
Legal Protection Efforts Against Victims of Embezzlement of Car Rental Vehicles in Review of Article 372 Criminal Code
The difficulty in the community to own a private vehicle does not always have a negative impact on society. The high need for transportation facilities coupled with the low ability of the community to buy private vehicles has resulted in the rental business / rental of private vehicles experiencing a significant increase in business lately. One of the rentals that is much needed for the surrounding community is car rental which is a business in the field of transportation services. The service provided is to rent a car for consumers who need a car for the purposes of departure to a place or out of the area such as family visits, recreation, homecoming, and other consumer needs. In addition to car rental services, it also serves transport / taxi services for consumers. However, on the other hand, there are many cases that befall business actors, including many irresponsible consumers or rentals such as not paying rent for unclear reasons, accidents, and theft to embezzlement. The problems that arise are what are the inhibiting factors in law enforcement of criminal acts of embezzlement of car rental vehicles and how law enforcement against embezzlement of car rental vehicles.
Juridical Study on Minors Riding Motorcycles for Junior High School Students
This research aims to find out the factors behind minors or junior high school students riding motorbikes and to find out the legal arrangements for minors riding motorbikes. The research method used is the Normative research method. The method of collecting legal materials used is document study and literature study. The results of this study indicate that the factors that cause children to ride motorbikes to school are internal factors; (1) self-will (2) freedom (3) time and mileage efficiency (4) prestige (5) mass media. External factors; (1) family factors (2) school environment (3) peers (4) lack of public transportation. Then another result is to know the study of the regulations of minors riding motorbikes referring to Law Number 22 of 2009 concerning Road Traffic and Transportation. Therefore, the conclusion of this article is that there are many factors that cause junior high school children and also know the existence of regulatory restrictions on minors riding motorbikes referring to Law Number 22 of 2009 concerning Road Traffic and Transportation.
Environmental crime is a serious threat to ecosystem sustainability and people's welfare in Indonesia. This paper aims to describe various forms of environmental crimes that have occurred in Indonesia, explore the causal factors, and analyze law enforcement efforts in tackling these crimes. By understanding the traces of crime and the challenges it faces, this paper provides an overview of the importance of strengthening the law enforcement system and cooperation between various stakeholders in protecting the environment.
Traffic Violations by Minors: An Analysis of Impact, Causes, and Solutions
Traffic violations committed by minors have become a serious problem in many countries. This phenomenon is worrying because it can cause traffic accidents that threaten people's lives and safety. The purpose of this research is to analyze the level of traffic violations committed by minors and the factors that influence their behavior on the road. The research method used is normative. Factors that influence children's traffic violation behavior include lack of knowledge about traffic rules, lack of parental supervision, peer influence, and ignorance about the serious consequences of traffic violations. This research provides important insights into the problem of traffic violations by minors and their implications for road safety. Collaborative efforts from the government, schools, families and the community are needed to increase children's awareness of the importance of obeying traffic rules. Effective educational programs and strict law enforcement need to be implemented to change the behavior of these children. In addition, the role of parents and better supervision can also contribute to reducing traffic violations by minors.
Legal Protection for Gojek Drivers Against Fictitious Orders with Cash On Delivery Payment
Transportation and humans are two things that cannot be separated. Currently, people often use transportation services with an online system in the form of applications on smartphones, especially Gojek. One of the Gojek services is the existence of food delivery services or Gofood, this service makes it very easy for consumers who cannot buy food directly. However, when doing their job it is not uncommon for the driver to experience losses, especially during cash on delivery transactions. This is due to fictitious orders by irresponsible consumers which can cause losses to drivers. Based on this background, this paper raises the following problem formulations a) How is legal protection for gojek drivers against fictitious orders with cash on delivery payments? b) How is the form of corporate liability of PT Gojek Indonesia for gojek drivers against fictitious orders with cash on delivery payments? The type of research used is normative juridical research, namely research that examines statutory provisions. Legal research uses various approaches with the aim of obtaining information from various aspects of the problem under study. The results of this study are that the legal protection of gojek partners for GoFood fictitious orders made by consumers is still not optimal. However, referring to article 1267 KUHPer gojek partners get legal protection when consumers make fictitious order actions, on the other hand these consumers have violated article 5 point (b) of Law Number 8 Year 1999 concerning Consumer Protection. PT Gojek Indonesia provides compensation in the form of a full refund in accordance with the loss of fictitious orders experienced by gojek drivers as a form of PT Gojek Indonesia's responsibility with its partners. The compensation process can be claimed by the customer to the Gojek Indonesia company with the loss claim procedure as determined by PT Gojek Indonesia. Submission of compensation claims can be submitted to the Branch Office of the gojek driver's operational area.
Judges' Consideration of Underage Marriage Dispensation Cases (Study of Decision Number 28/Pdt.P/2023/PA.Pwt)
Marriage can be carried out if it meets the requirements in accordance with Marriage Law Number 1 of 1974 which states that marriage can be carried out if the man is 19 years old and the woman is 16 years old. But if in the event that a marriage will be carried out under this age, it is necessary to have a marriage dispensation from the authorized party, namely the court. A judge is asked for the discretion to decide on a marriage dispensation case either granting or refusing accompanied by strong considerations and reasons. An application for marriage dispensation is submitted by both male and female parents to the Religious Court for those who are Muslims in the area where they live. Judges as one of the pillars in the judicial process and law enforcement in the judicial area, namely receiving, examining, deciding and resolving cases that enter the court. This article is part of research that has been conducted in a normative juridical manner based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this research and the problem to be studied is the consideration of judges in religious courts related to underage marriage dispensation cases. It is concluded that dispensation to enter into underage marriage is the absolute competence of the Religious Court for people who are Muslims. On the basis of the judge's consideration, the panel of judges will reject or grant the application in the form of a decision.
The Application of Criminal Sanctions for Perpretrators of Sexual Violence Against Children with Disabilities
Sexual violence against children is one of the new forms of crime, which involves children as the next generation of the nation, so that the crime is quite a concern among the community. Child protection is an effort to create a situation where all children can carry out their obligations and rights. As for the implementation of balance in a society, legal protection should be sought in various aspects of state and social activities. Children with disabilities are often the main target to be used as victims of criminals, discrimination and sexual violence. This can be seen from the increase in criminal cases against women and children with disabilities which tend to increase from year to year. The purpose of this study is to determine the legal protection of children with disabilities as victims of sexual violence and criminal sanctions against perpetrators of sexual violence against children with disabilities. The method used is a normative method along with statutory and conceptual approaches. The results of the study say that legal protection of children as victims of sexual violence is contained in article 1 paragraph (2) of Law No. 35 of 2014 concerning child protection, namely so that the child gets security and his rights as a child. The implementation of good rule enforcement based on proportional guidelines must seek to create an overall balance value, which includes the value of balance by the victim, the criminal, and the people as a whole.
Juridical Review of Motorcycle Drivers with the Level of Safety at SMP Negeri 1 Padaherang
The development of the times has made the younger generation have a lot of expertise in all fields,but on the other hand many young people are doing social deviations today. One of them was riding a motorbike by a minor. The facilities provided by parents aim to make it easier to study at school. This study aims to determine the level of vehicle use by minors and the level of safety, the factors that influence the use of vehicles by minors and to analyze in order to find out more about the use of motorized vehicles by minors in the Pangandaran Regency area. especially at SMP NEGERI 1 PADAHERANG. The results of the study showed an increase in the number of underage drivers, especially at SMP NEGERI 1 PADAHERANG School students in the Pangandaran Regency area. Factors in the use of motorized vehicles by minors are internal factors and external factors. The policy strategy for preventing the motor level of vehicle use by students in Pangandaran Regency is by means of preventive and repressive efforts.
Juridical Review of Efforts to Prevent Misuse of Firearms Against Police Officers
Lately there have been many police cases, especially violations in the field of firearms abuse. This situation is very regrettable where the misuse of firearms is carried out by the police officers themselves who are supposed to protect the community. This proves the increasingly poor image of the Police in the midst of society. The purpose of this research is to find out the factors causing the misuse of firearms committed by law enforcement officials, especially police officers. The research method used in this research is the literature method, which is normative juridical, meaning that the approach taken by examining the approach of theories, concepts, examining the legislation concerned with the opinions of scholars. The results of this study are factors that cause firearm abuse, namely: Psychological Factors and Economic Factors. Unstable psychological (emotional) factors from police officers, stress due to family problems or other personal problems so that abuse is very easy to occur. While the economic factor is the lack of welfare of the members themselves which then makes a police officer with short thinking do things that are actually very prohibited and have been listed in the law as dangerous criminal acts. Repressively, namely by examining the psychological aspects of the applicant (member), periodically and conducting coaching and training for members who have permission to hold firearms. Repressively is by providing action or punishment in accordance with what is done in accordance with applicable legislation.
A Comprehensive Review of Early Marriage in Indonesia
Early marriage is a common social phenomenon in Indonesia that has significant impacts on individuals, families and communities. In addition, early marriage can hinder the physical, emotional and psychological development of adolescents as well as education and the economy. To overcome the problem of early marriage, it is important to understand the factors that influence it. Therefore, this study aims to analyze the factors that influence the occurrence of early marriage and efforts to reduce it. The research method used is normative juridical, namely with statutory documents and literature studies related to the research. The results show that there are several factors that influence the occurrence of early marriage. These factors include family factors, economic factors, cultural factors, educational factors and so on. These factors are interrelated and influence individual decisions in deciding to marry at a relatively young age. Therefore, it is necessary to make several efforts to reduce early marriage, such as increasing legal awareness, strengthening education, and developing policies that focus on the protection of children and adolescents.
Legal Protection Fulfillment of the Rights of Child Victims of Sexual Violence
Children are part of the younger generation as one of the human resources who are the potential and successors of the nation's struggle ideals. Based on data from the Ministry of PPPA, there were also 8,478 cases of violence against women in 2021, of which 15 percent or 1,272 cases were cases of sexual violence. The problem of sexual violence in children is very concerning because of the tremendous negative impact experienced by children after the incident even after many years of the incident have passed. The recovery of child victims of sexual crimes is a complex issue in the psychological recovery of child victims. But unfortunately, the law in Indonesia is still only focused on how to provide punishment for perpetrators, but has not paid attention to how the physical and psychological condition of the victim. Therefore, it is necessary to formulate preventive (preventive) and curative (healing) measures carried out by all parties to be able to fulfill the rights of victims, especially physical and psychological trauma assistance. The purpose of this study is to determine how preventive and curative steps to assist physical and psychological trauma as a form of fulfilling the rights of child victims of sexual violence. The research method used is normative juridical, which is a type of legal research that uses research materials in the form of theories, concepts, legal principles, and legal regulations that concern the subject of research or in other words normative juridical research is research that uses sources from literature or secondary data. The results of this study are how preventive and curative efforts to assist physical and psychological trauma as a form of fulfilling the rights of children victims of sexual violence are appropriate and who can contribute to these efforts.
Juridical Analysis of the Judge's Decision on the Case of Planned Murder Committed by a Child (Case study of decision 5/Pid.Sus-anak/2023/PN.Mks)
Premeditated murder is the crime of taking the life of another human being, or killing, after planning the time or method, with the aim of ensuring the success of the murder or to avoid arrest. Many cases of premeditated murder which are prohibited acts and regulated in the Criminal Code contained in Article 340, however, this is certainly different if the murder is committed by a child who uses Law Number 35 of 2014 concerning Child Protection. Based on this, the researcher is interested in further examining whether the sanctions given have been justified and are in accordance with the applicable law. This article is prepared to examine and determine the suitability of the application of sanctions for premeditated murder committed by children in review of Decision Number 5/Pid.Sus-anak/2023/PN.Mks. In addition, this article also aims to find out the judge's consideration in imposing sanctions or punishment on the perpetrator. The writing of this article uses normative legal research methods based on the study of laws to answer the legal problems at hand. Based on this research, it is reviewed from the decision Number 5/Pid. Sus-anak/2023/PN. Mks. Then the perpetrator was sentenced to 10 (ten) years imprisonment. Based on Article 80 Paragraph (3) of Law of the Republic of Indonesia Number 35 of 2014 amending Law Number 23 of 2002 concerning Child Protection which explains that every person who commits violence against a child causing death is punishable with a maximum imprisonment of 5 (five) years.
Legal Protection for Employees Who Continue to Work During Eid Al-Fitr (Sudi SPBU Pertamina Majapura Village, Bobotsari Subdistrict)
Eid al-Fitr is a special day, because on this day almost all industrial sectors and offices are closed to all employees. The reason for this is so that workers can perform worship and gather with their loved ones. However, not all workers can experience Eid al-Fitr with their families because they have to keep working on that day. One of the work sectors that requires workers to continue working on Eid al-Fitr is the fuel oil and gas industry, this has been regulated in the Decree of the Minister of Manpower and Transmigration of the Republic of Indonesia Number: KEP.233 /MEN/2003 concerning Types and Nature of Work Performed Continuously. Although there are legal rules that are binding and compelling, on the other hand, it should also be noted that there are workers' rights that must be fulfilled by the employer. The reality is that when Pertamina gas station workers in Majapura Village, Bobotsari Subdistrict work during Eid al-Fitr, they do not get the fulfilment of their rights that they should get. This sparked the author to compile this article with the aim of providing knowledge of legal protection that should be obtained by Pertamina gas station workers in Majapura Village, Bobotsari District with empirical juridical research methods and sociological approach methods.
Legal Protection Strategies for Underage Victims of Bullying and How to Prevent it in Elementary School Environments
Bullying is a repeated negative behavior that intends to cause displeasure or pain by others, either one or several people directly against someone who is unable to resist it. Forms of behavioral deviations that occur in elementary school students are not only in the form of violence but also forms of aggressive behavior. In fact, things that are considered normal behavior by elementary school children are sometimes classified as behavioral deviations. Starting from just mocking their friends, hitting, pinching, and others. Teachers assume that school bullying behavior that occurs is a process of student development and there is no follow-up from teachers to overcome the problem of school bullying behavior that occurs in schools so that school bullying behavior occurs more often repeatedly due to the lack of response from teachers to school bullying behavior that occurs in the classroom and school environment. The purpose of this study is to determine the implementation of legal protection for underage victims of bullying in the elementary school environment and what obstacles affect it in terms of applicable laws and regulations. This research uses a juridical approach. The types and sources of data consisting of primary data sourced from the field, in the form of interviews and observations. Based on the results of research that has been conducted by the author, the research is analyzed using the empirical juridical approach method. From this research, it can be concluded that many educators do not know the regulations regarding bullying and there are no obstacles to schools to teach bullying actions so that many bullying activities occur in schools.
Analysis of the Implementation of Penal Mediation in the Crime of Sexual Violence Against Children by Investigators
The settlement of cases of sexual violence against children can be done through litigation, which in the process can be done through penal mediation. Penal mediation as a product of restorative justice is a means of giving the perpetrator rights granted by the investigator through his discretionary authority. However, the enforcement of justice for children as victims of sexual violence based on Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection through penal mediation with the perpetrators of criminal acts becomes a problem, both in terms of the application of penal mediation in criminal acts of sexual violence against children and the impact of the application of penal mediation. The purpose of this article is to analyze and find out the role of penal mediation and its impact on victims of sexual violence against children. The research method used by the author is to use a normative method based on books, journals, and legislation, that in this analysis the application of penal mediation in acts of sexual violence against children can be carried out based on the discretion and restorative justice efforts of the investigator as well as on the decision of the victim (in this case the family of a child victim of sexual violence) and a joint decision, without reducing the essence and integrity of child protection based on Law Number 35 of 2014. The impact of the application of penal mediation is divided into 4, namely from the side of the perpetrator of sexual violence, from the victim, the view of the community, and the regulation of legislation. This article is expected to provide knowledge and become a means to improve the integration of laws and regulations, especially on the implementation of penal mediation in criminal acts of sexual violence against children.
Existence of the 1x24 Hours Mandatory Reporting Guest Regulation in Order to Maintain Order and Peace in the Community Environment of Purbalingga Regency
The Purbalingga Regency Government, in providing services regarding order, security, and tranquility, is regulated by Purbalingga Regency Regional Regulation Number 9 of 2016 concerning Public Order and Community Peace in Purbalingga Regency. In the process of upholding order and tranquillity in the community, the implementation of policies that have been made by the local government is a process of the stages of public service policy, especially regarding the policy of mandatory 1x24 hour reporting guest regulations whose targets are migrants from outside certain areas. However, the regulations do not openly explain the existence of these regulations, so this has led to many perceptions about the product of the policy rules. The purpose of this study is to implicate and analyse the 1x24 hour mandatory guest report regulation with Regional Regulation Number 9 of 2016 concerning Public Order and Community Peace in Purbalingga Regency. The method used in this research is descriptive qualitative method. The results of this study show that there is an interrelated relationship between the 1x24 hour mandatory guest report regulation and Regional Regulation Number 9 of 2016 concerning Public Order and Community Peace in Purbalingga Regency. Suggestions from the research results to the Purbalingga Regency Government as a basis for making legislation on public order that directly mentions the mandatory 1x24 hour guest report.
Law Enforcement in Parking Lot Levy Collection Cases at Indomaret and Alfamart
His research is motivated by the phenomenon that occurs in parking which as a whole is known that parking in Indomaret and Alfamart minimarkets is parking that is free of charge. However, people who should not pay for parking services must pay. This can cause losses to the community because in this case the community becomes uncomfortable shopping at the minimarket due to illegal parking collection. The purpose of writing is to find out and analyze the collection of parking fees at Indomaret and Alfamart according to the Regional Regulation of Banyumas Regency Number 8 of 2008 concerning Parking Fees on Public Roads and to find out the efforts of local governments in regulating the collection of parking fees in Banyumas Regency. Questions that arise in compiling this research, namely 1. Is the collection of parking fees at Indomaret and Alfamart in accordance with the Regional Regulation of Banyumas Regency Number 8 of 2008 concerning Parking Fees on Public Roads? What are the local government's efforts to regulate the collection of parking fees in Banyumas Regency? This study uses empirical juridical research methods. The results of this study are not in accordance with what was expected.
Effectiveness of Electronic Ticketing Implementation in the District Banyumas
This study aims to determine the effectiveness of the implementation of Electronic Tickets in Banyumas Regency and the shortcomings of the use of Electronic Tickets in Banyumas Regency itself. The approach method in this research is to use a normative - empirical approach. The data used are primary and secondary data. This data is analyzed qualitatively using descriptive analysis method. The increase in the number of motorized vehicles has resulted in rampant traffic violations such as running red lights, not using helmets, and going against the flow. As a result, traffic on the road becomes chaotic and causes congestion. Electronic ticketing is one of the programs implemented by the government based on Article 272 Paragraph 1 of Law of the Republic of Indonesia Number 22 of 2009 concerning Road Traffic and Transportation to facilitate the monitoring of traffic violators on public roads in Banyumas Regency The obstacles in its implementation internally are inadequate facilities and uneven distribution on each road and externally this program is still difficult to understand by some people, especially for people who are less familiar with technology.
Criminological Review of the Crime of Sexual Violence Against Children (Case Study in Banyumas Regency)
This legal writing aims to examine factors in terms of Criminology of Sexual Violence Against Children handled by UPTD PPA Banyumas Regency. This research is included in the type of Normative research. This research uses secondary data. Secondary data is obtained through data on cases of sexual violence 2021 UPTD PPA banyumas district, books, scientific journals, and so on. The data collection technique used is literature study. The data analysis technique uses descriptive analysis. . Based on the results of the research, it can be obtained that the perpetrators of sexual violence against children must have committed their crimes due to the factors that cause crime, namely factors originating from within the perpetrator (internal factors) and factors from outside the perpetrator (external factors). From the data analysis, it was found that sexual violence against children was 86.84%, the gender of victims was dominated by women, 86.84%, the age of victims was dominated by 14-18 years old, 57.89%, the most common form of sexual violence was intercourse, 44.74%, victims of sexual violence were dominated by students, 76.32%, the most victims had a junior high school education, namely 44.74%, the relationship between the perpetrator and the victim was dominated by boyfriends and other people, namely 23.69%, the locus of sexual violence was most often found in the public domain, namely 57.89%, and the follow-up handling of sexual violence cases was mostly resolved by litigation, namely 84.21%.
Juridical Review of the Responsibility of the Recipient of Entrusted Timber Forest Products (Study of Decision Number 50/Pid.B/LH/2021/PN Slw)
Illegal logging occurs lot in Indonesia, illegal logging is carried out by person or group of people who cut down forest without permit from government. Illegal logging usually carried out in areas that are prone to desertion and lack of supervision from government. In Indonesia, there are many areas that are rampant with illegal logging. One of them is Tegal Regency area, precisely in the Forest Management Unit (KPH) in Balapulang. An example of case is receipt of entrustment and storing timber forest products originating from KPH Balapulang. This research aims to find out and analyze judge's decision and analyze the existence of Certificate of Legality of Timber Forest Products in decision. The research method uses juridical-normative, focusing on normative law on laws and regulations related to forest destruction. The judge's verdict Number 50/Pid.B/LH/2021/PN Slw in practice is in accordance with Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction, this because in verdict, defendant has fulfilled the elements in Article 87 Paragraph (1) letter c of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction. The existence SKSHHK is important in Decision Number 50/Pid.B/LH/2021/PN Slw, because Certificate of Legality of Timber Forest Products is document that must be owned by every person who transports forest timber. This stated in Article 16 of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction. The government is expected to conduct socialization about timportance of protecting forests to community.
Status of Land Rights Built by BUMDES for Internet Connection Poles in Teluk South Purwokerto Village
Land tenure rights are a set of rules regarding the land that is owned. The installation of poles carried out by BUMDES was built on individual land without licensing or socialization to the landowner. This became a conflict between the landowner and the BUMDES. This research aims to find out what is the status of land on which internet connection poles are built by BMDES and to find out whether landowners can refuse not to build internet connection poles. The method used in this research is normative juridical legal research using Library Research techniques. The research findings reveal that the status of the land in its use is not in accordance with the concept of property rights. So that the owner of the land occupied by the internet connection pole can refuse based on the hierarchy of land tenure.
Analysis of Legal Protection Against Consumers of Refill Drinking Water That Has Not Met Product Quality Standards
Consumer protection is something that cannot be separated from healthy business activities. The definition of consumer protection according to Law Number 8 Year 1999 on Consumer Protection is all efforts that ensure legal certainty to provide protection to consumers. This research focuses on consumer protection against the consumption of refill drinking water with the aim of knowing the legal protection of consumers and knowing the standards and requirements for making refill drinking water. Often the standardization of the manufacture of a product is ignored because consumers are less concerned about their rights to quality assurance than a product, this is one of the factors that encourage producers to act as they wish for the goods they will market. Refillable drinking water products offered by business actors must meet the standardization of water quality standards set by the government. This research was conducted using the normative juridical method through legal and conceptual approaches. In writing this research, the author uses primary legal materials that are binding and secondary legal materials as references. The result of this research is legal certainty on consumer protection and standardization of refill drinking water production in accordance with Permenkes Number 492/Menkes/Per/IV/2010.
Case Settlement of Protected Forest Destruction Case in Ranca Upas Based on Law Number 41 Year 1999 on Forestry
In Article 50 paragraph (2) of Law Number 41 of 1999 concerning Forestry, every person who is granted a business license for the utilization of environmental services, a business license for the ultilization of timber and non – timber forest products, and a license to collect timber and non – timber forest products, is prohibited from carrying out activities that cause forest damage. The violation of the article is in the Rancaupas area, Rancabali District, Bandung Regency where the damage to the protected forest is caused by a trail event (Camping Adventure Explore) which damages one of the flora protected by the government in the form of Edelweiss swamp flowers. The purpose of this research is to find the settlement point of the Rancaupas conservation forest damage case and what are the responsibilities of the Rancaupas protected forest damage. The research method used by the author is a normative juridical approach with this method to find a rule of law, legal principles, and legal doctrines to answer the legal doctrines to answer the legal issues at hand. The results of the study are in the form of a solution to the damage in the protected forest of Ranca Upas by securing the event organizers and following up into the realm of law. As well as responsibility for the damage to the protected forest in Ranca Upas by conducting joint rehabilitation, namely the government, Perhutani,the community and also the event organizer.
Legal Obligations of Contractors in Construction Projects: Analyzing the Conflict of Legal Compliance, Contract Performance, and Quality Assurance in Construction Services in Indonesia
Construction quality is a crucial aspect of the construction industry in Indonesia, as it directly affects the safety, durability, and functionality of built structures. This research proposal aims to examine the obligations of contractors in ensuring construction quality in Indonesia, specifically focusing on the provisions outlined in Law Number 2 of 2017 on Construction Services. This research aims to investigate the obligations of contractors in guaranteeing construction quality in Indonesia, with a specific focus on the provisions outlined in Law Number 2 of 2017 on Construction Services. The objective of the study is to analyze the legal obligations imposed on contractors and examine their practical implementation in ensuring construction quality. The research employs a juridical-empirical research method, combining legal analysis of the relevant legal provisions with empirical data collection through interviews and document analysis. The research findings will contribute to an improved understanding of the responsibilities and roles of contractors in upholding construction quality, identify any gaps in the existing legal framework, and provide insights for potential enhancements in the enforcement mechanisms to strengthen construction quality management practices in Indonesia.
Implementation of visa-free visit policy based on Presidential Regulation Number 21 of 2016 concerning Visa-Free Visits for Foreign Nationals
With the beginning of the current era of globalization, there are no more boundaries that can separate one country from another. In order to increase the country's foreign exchange and also improve the working relationship of the Indonesian state with other countries, the Indonesian government enforces the Visa-Free Visit Policy. One form of policy issued by the Indonesian government is outlined in Presidential Regulation Number 21 of 2016 concerning visa- free visits that have been implemented in Indonesia on March 2016 which applies to 169 countries. The purpose of writing this article is to provide information related to the enactment of Presidential Regulation Number 21 of 2016 in Indonesia. In this article there are 2 (two) problems that will be discussed, namely the purpose of the enactment of Presidential Regulation Number 21 of 2016 concerning Visa-Free Visits and the effectiveness of the implementation of Presidential Regulation Number 21 of 2016 concerning Visa-Free Visits in Indonesia. The research method used is the Qualitative method. The results showed that the purpose of the enactment of Presidential Regulation Number 21 of 2016 concerning visa-free visits is to increase the country's foreign exchange, especially in terms of the economy to improve the structure of trade and the impact caused by the existence of this Regulation, namely the abuse of residence permits, document forgery, cyber crime, trafficking in persons, terrorism threats, drug smuggling, and also a decrease in the amount of PNBP every year, so that it has not been maximized in its application in Indonesia. It can be seen that the implementation of Presidential Regulation Number 21 of 2016 concerning Visa-Free Visits in Indonesia has not been effective and the government must review the policy of BVK so that the expected goals can be realized. And also the government must have other strategies to be able to overcome this problem.
A Normative Juridical Review on the Implementation of Smoke-Free Area Policy at RSUD Hj. Anna Lasmanah Banjarnegara
The implementation of smoke-free area policies has become a primary focus in efforts to protect public health from the adverse effects of cigarette smoke. This study aims to conduct a normative juridical review of the implementation of the smoke-free area policy at RSUD Hj. Anna Lasmanah Banjarnegara. The normative juridical analysis method is used to evaluate the effectiveness of the policy implementation. The normative juridical approach involves analyzing the relevant legal framework, particularly Banjarnegara District Regulation No. 3 of 2019 concerning Smoke-Free Areas. This analysis encompasses key aspects of the regulation, such as the designation of smoke-free zones, penalties for violators, and related law enforcement mechanisms. The findings of the normative juridical review indicate that the implementation of the smoke-free area policy at RSUD Hj. Anna Lasmanah Banjarnegara has made significant progress. However, challenges remain in terms of implementation and law enforcement. These challenges include raising public awareness and compliance, resource limitations, and effective coordination among stakeholders. Based on these findings, this study provides recommendations for RSUD Hj. Anna Lasmanah Banjarnegara and relevant parties. The recommendations include policy improvements to enhance the effectiveness of smoke-free zones, enhanced law enforcement measures, and other supportive efforts such as intensive public awareness campaigns and education. In conclusion, this normative juridical review provides an overview of the implementation of the smoke-free area policy at RSUD Hj. Anna Lasmanah Banjarnegara. Despite the challenges that need to be addressed, this policy makes a significant contribution to protecting public health and promoting behavioral changes related to smoking. Collaborative efforts and strategic measures are needed to enhance the effectiveness of this policy and ensure comprehensive public health protection.
Juridical Review of Tort Based on Grant Deed in Land Dispute Settlement (Study Of District Court Decision Number: 54/Pdt. G/2021/Pn. Pwt)
A grant is a legal action that aims to transfer ownership rights to another party. Grants can only be made to objects that already exist at the time of the grant. Grant problems are still the cause of disputes in the community, the result of grant problems is the lack of an authentic grant deed owned by the grantee or the lack of understanding of the difference in strength between grant and inheritance deeds, especially an object that is granted in the form of a plot of land. Land disputes related to grant deeds are generally a frequent conflict. The parties to the dispute are mostly individuals, which allows land disputes to cause losses for one of the parties to the dispute and does not rule out the possibility of bearing the most severe consequences. The purpose of this writing is to be able to know and understand the factors that cause unlawful acts committed as well as the legal review of decision Number. 54/Pdt. G/2021/Pn. Pwt. The formulation of the problems that arise in this writing is about how the factors that cause unlawful acts committed and how the legal review of decision Number. 54/Pdt. G/2021/Pn. Pwt. This writing is done using the normative juridical method through law and conceptual. In this study the authors used primary legal materials that are binding and secondary legal materials as references. The results of this study are about the factors that cause unlawful acts committed and the legal review of decision Number. 54/Pdt. G/2021/Pn. Pwt.
Law Enforcement Against Parents as Perpetrators Criminal Offense of Baby Dumping in Wonosobo Regency Leksono Sub-District
The crime of baby dumping is an act committed by a person who intentionally leaves a newborn baby alive or dead somewhere with the intention of leaving his/her responsibility. Baby dumping is usually committed against children born out of wedlock. It is an act that is contrary to human values. This study aims to determine the law enforcement against parents as perpetrators of criminal acts of baby dumping and to find out what efforts can be made to overcome baby dumping that occurs in Wonosobo Regency, Leksono District. With the formulation of the problem: (1) How is law enforcement against parents as perpetrators of baby dumping in Wonosobo Regency, Leksono Subdistrict? (2) How are efforts to overcome baby dumping in Wonosobo Regency, Leksono Subdistrict? The type of research used by the author is normative juridical research. The approach method used is the statutory approach. The source of data in this research comes from secondary data obtained from reviewing literature studies. The data obtained is analyzed using normative descriptive. The results showed that law enforcement against perpetrators of baby dumping in the jurisdiction of Wonosobo Regency has not gone well, due to the search for perpetrators that takes a long time and with little evidence. The efforts to overcome the obstacles to the occurrence of criminal acts of baby dumping in the jurisdiction of Wonosobo Regency are by instilling moral and formal education, providing counseling, and maximum enforcement of regulations used.
The Power of Deed of Sale and Purchase of Land Under Hand
The practice of under-the-table land transactions, also known as "jual beli tanah dibawah tangan" in Indonesian, refers to the buying and selling of land without the involvement or oversight of official channels, such as government agencies or legal professionals. This phenomenon has gained significant attention due to its implications on land ownership, property rights, and the overall stability of the real estate market. This abstract aims to explore the various aspects of under-the-table land transactions, including the motivations behind such transactions, the methods used to conduct them, and the potential consequences for both buyers and sellers. It will examine the factors that contribute to the prevalence of this practice, such as legal complexities, bureaucratic inefficiencies, and cultural attitudes toward land ownership. The study will utilize a combination of qualitative and quantitative research methods, including interviews with real estate professionals, legal experts, and individuals involved in under-the-table land transactions. It will also analyze existing literature, case studies, and relevant legal frameworks to provide a comprehensive understanding of the issue. The findings of this research will contribute to a deeper understanding of the under-the-table land transactions phenomenon and its impact on land markets, governance, and socio-economic development. The study will shed light on potential policy interventions and regulatory measures that can be implemented to mitigate the negative consequences associated with these informal land transactions.
Criminal Offense of Fraud Against Misuse of Funds Donations on Behalf of Al Kahfi Islamic Boarding School in Kebumen District
This research aims to analyse the crime of fictitious donation and its implications in the context of financial crime. Fictitious donation is an act that involves manipulating or falsifying information to obtain donations that do not actually exist. This article explains how fictitious donation crimes occur in practice and their impact on victims, society, and the financial system. The research method used in this study is a normative analysis based on secondary data, including investigation reports, court judgements, and related literature. To gain a deeper understanding of the issue. The results show that fictitious donation crimes have various forms of execution, including the creation of fake entities, and document forgery. The motives behind these crimes are often related to financial gain. The impact of fictitious donation crimes can be devastating. The main victims are the donation recipients who should have received the funds, but did not because the resources were diverted to the fake entity. In addition, society as a whole can also be affected due to the loss of trust in organisations or institutions that practice fictitious donations. The financial system is also threatened by this crime, as it can undermine the integrity and transparency of financial reporting. To address the crime of fictitious donations, this research recommends strengthening cooperation between law enforcement agencies and the government. There is a need to raise awareness of the risks associated with fictitious donations, and improve regulation and supervision to prevent and detect such acts.
Juridical Analysis of Legal Protection Against Disadvantaged Sellers in E-Commerce Transactions on the Tokopedia Online Shopping Site
This study aims to analyze the legal protection of sellers who suffer losses due to consumer actions and legal actions that can be taken by sellers on the Tokopedia e-commerce platform regarding the return of goods that are not carried out by buyers after the refund is returned, which has an impact on seller losses. The research method used in this research is the normative juridical method, by collecting data from literature studies, including laws, regulations, and related court decisions. The results show that legal protection for sellers is contained in Law Number 8 of 1999 concerning Consumer Protection, which protects the rights of sellers and emphasizes the importance of consumer good faith in transactions. In addition, buyer fraud is also protected by Article 378 of the Criminal Code. In resolving disputes, sellers can choose out-of-court settlement and report disputes to Tokopedia through the "Seller Protection Guarantee" policy. In terms of legal actions that can be taken by sellers, they can refer to the provisions stipulated in Law Number 8 of 1999 concerning Consumer Protection and the Criminal Code. This study also identifies several obstacles faced by online sellers in obtaining adequate legal protection. Some of these obstacles include limited access to relevant legal information, complicated dispute resolution processes, and high costs. To improve legal protection for online sellers on Tokopedia, the author recommends several steps. These recommendations include providing easier access to relevant legal information, increasing the clarity and transparency of Tokopedia's return policy, and providing an effective and efficient dispute resolution mechanism.
Improving Legal Protection for Children as Victims of Violence in Indonesia: A Review under the Child Protection Law
Children are a vulnerable group and too often become victims of violence in various forms, including physical violence, sexual violence, psychological violence, and child exploitation. The problems that arise when a child experiences physical, psychological, or sexual violence that impacts mental health cannot legally prosecute the perpetrator because only articles related to physical violence or visible physical injury apply, with no provisions regarding sanctions for the psychological impact experienced by the victim. The purpose of this study is to analyze the existing legal protection system in Indonesia and identify the weaknesses and challenges faced in protecting children as victims of violence. The research method used is a literature study by analyzing laws, regulations, and literature related to child protection in Indonesia. The results show that Indonesia has a relatively complete legal framework in protecting children as victims of violence. Important child protection laws, such as the Child Protection Act and the Anti-Trafficking Act, have been enacted. In addition, there are institutions and mechanisms responsible for handling cases of violence against children, such as the Indonesian Child Protection Commission (KPAI) and the Women and Children Protection Unit (PPA) in the police. Suggestions are expected to provide a better understanding of the efforts and forms of legal protection for children as victims of violence in Indonesia. By raising awareness and making the necessary improvements, it is hoped that children who are victims of violence can get better protection and have a brighter future.
Implementation of Green Open Space Arrangement Policies in Purbalingga
This study aims to find out how the implementation of green open space arrangement policies in Purbalingga based on the Regional Regulation of the Purbalingga Regency number 10 of 2020 concerning the Purbalingga Regency Spatial Plan for 2011-2031 and its obstacles. This study is normative juridical. This study uses a qualitative approach with primary data sources and secondary data sources as its data sources. The data collection technique that used in this study is through, document studies or literature study including books, laws and regulations, journals, and articles related to the issues raised and website. The analysis technique used is a qualitative data analysis method.. The results of this study indicate that the total percentage of green open space in Purbalingga is still very far from the proportional number. In 2021 Purbalingga only reach the amount of 5,689% from 30% as the proportional number for green open space. In achieving this proportional amount, the implementation of the green open space arrangement policy itself has not been implemented optimally. This is due to various kinds of obstacles faced such as limited land and lack of public awareness of the important role of green open space.
Analysis of the Judge's Decision on Sexual Crimes Against Children (Study of the Decision of the Purwokerto District Court Number: 16/Pid.Sus-Child/2022/PN Pwt)
The main problem of this research is how the legal considerations of judges in imposing verdicts on sexual crimes committed by children. The main problem is further elaborated in several sub-problems or research questions, namely: 1) How is the consideration of the panel of judges in handing down a verdict on sexual crimes against children in criminal case Number. 16/Pid.Sus-Child/2022/PN Pwt? 2) Is the decision of the Makassar District Court judge in case no. 16/Pid.Sus-Anak/2022/PN Pwt is in accordance with the provisions of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System? The type of research used is Normative Legal Research. The data source of this research comes from secondary data. This research is classified as research with qualitative data types, namely by managing secondary data sourced from related laws. To find out whether the judge in giving a decision has carried out his duties in accordance with the authority given and fulfills a sense of justice for the community, victims, and perpetrators, a fundamental analysis is needed regarding the judge's decision on sexual violence against minors. Based on the background of the problem.
Analysis of Local Culture of Sea Alms Ceremony in Cilacap Regency in the View of Islamic Law
Islam, is one of the plurality of religions that has a definite law that comes from Allah SWT or known as Islamic law. Talking about Islamic Law which is a rule held by God for his people who are brought by a Prophet Muhammad SAW, both laws related to beliefs and laws related to actions carried out by all Muslims. The sea alms ceremony is one of the heritages in the form of ceremonial activities that not everyone carries out, but only certain people who have an interest in it. In the southern sea area, the Sea Alms Ceremony in Cilacap is also carried out by giving various offerings to the one who controls the southern sea known as Nyi Roro Kidul. The purpose of this research is to find out and analyze the local culture of the Sea Alms Ceremony in Cilacap Regency according to the views of Islamic Law and to find out the factors that hinder the practice of Islamic Law in the implementation of the Local Culture of the Sea Alms Ceremony in Cilacap Regency. This research on the Analysis of the Local Culture of the Sea Alms Ceremony in Cilacap Regency is a normative juridical research because this research must find data from studying document studies, namely using various secondary data such as laws and regulations, court decisions, and Islamic legal theory.
Juridical Review of the Crime of Car Rental Embezzlement in Banyumas Regency
The crime of embezzlement of rental cars that has recently occurred is very troubling to car rental owners. This is a problem where the meaning of a rule of law if crimes committed by the community cannot be followed by the rule of law, such as crimes by embezzlement is one of the types of crimes against human property regulated in Article 372 of the Criminal Code. Therefore, law enforcement against the crime of embezzlement of rental cars must be resolved thoroughly with justice, as well as for the creation of good and fair law enforcement before the law. The research objectives are as follows: 1) To find out how law enforcement related to the crime of embezzlement of rental cars. 2) To find out how the perpetrator's responsibility for the crime of embezzlement of rental cars. This research uses a normative juridical approach, which is used to make clear, systematic and precise descriptions of the facts / characteristics of certain regions and populations which are then analyzed to obtain the desired facts. The research method used: literature study by reading books, studying, quoting, analyzing what is obtained from book literature. The result of this research is the application of Article 372 of the Criminal Code in the criminal act of embezzlement of rental cars where the criminal act committed by the tenant against the rental goods belonging to the rental owner is due to an abuse of trust where the criminal act of embezzlement is regulated in the provisions of Article 372 of the Criminal Code.
Fulfillment of Accessibility Rights of Consumers with Disabilities in Banking Services
Accessibility in public services should be owned in every public service building facility to make it easier for people with disabilities to carry out public service activities. The problem behind the author is the difficulty of persons with disabilities in accessing banking services where the rights of persons with disabilities as stipulated in Law Number 4 of 1997 concerning Persons with Disabilities, Law Number 25 of 2009 concerning Public Services, Financial Services Authority Regulation Number 1 of 2013 concerning Consumer Protection in the Financial Services Sector, and Law Number 8 of 2016 concerning Persons with Disabilities states that financial service business actors are required to provide accessibility for persons with disabilities. The author formulates two problems, namely: how is the regulation of accessibility rights for persons with disabilities as a form of protection provided by the state and how are the accessibility rights for persons with disabilities in conducting public services in banking. The method used in this writing is a normative legal writing method that uses a legislative approach and literature study. This writing concludes that accessibility rights for persons with disabilities have been guaranteed by the state, especially in public services. Accessibility is needed by persons with disabilities in carrying out all their activities, especially in terms of public services in banking.
Juridical Review of the Position of Power of Sale as a Transfer of Land Rights (Analysis of Decision No. 529/PDT/2021/PT SMG)
The transfer of land rights can be done through a sale and purchase process by the parties to the agreement. The sale and purchase can be through a power of sale, where the party in the sale and purchase agreement can represent another person through a power of sale to carry out legal actions. In case No. 529/PDT/2021/PT SMG, which had previously been decided by the District Court in decision No. 8/PDT.G/2020, the Plaintiff claimed and stated that he was the legal owner of the lands. However, in practice, the Plaintiff has given and released with a Power of Attorney to Sell and was not considered by the Panel of Judges. This study aims to determine the position of Power of Sale in Indonesian treaty law and to determine whether a Power of Sale can be the basis for the transfer and replacement of land rights. The method used in this research is normative juridical legal research using Library Research techniques. The results of the research findings reveal that based on Article 1792 of the Civil Code formulates the granting of power of attorney as an agreement between a person as a grantor with another person as a proxy, to carry out an act or action on behalf of the grantor. So that this power of sale can also be used in terms of land transfer.
Review of the Role of Forensic Medicine in Sexual Violence Crime Cases
The Urgency of General Principles of Good Governance in the Continuity of Population Administration Activities
Population administration activities cannot be separated from government intervention. This is in line with one of the main government functions, which is to provide public services as a form of general government duties to realize public welfare. The performance of the central and local governments must be in accordance with the General Principles of Good Governance to be in line with the interests of the community. To optimize Population Administration Services for Making Electronic Identity Cards (KTP el) requires an understanding of the principles contained in the General Principles of Good Government. The general principles of good governance can be understood as general principles that are used as the basis and procedures for proper government administration. In addition, it is also necessary to consider the factors inhibiting the making of Electronic Identity Cards (KTP el) in order to obtain appropriate improvement efforts. The method used is a qualitative approach with reference to Good Government Theory. The results of the study can be concluded that the population administration service of KTP el has been running, but it is not in accordance with the application of good service principles and there are still several obstacles faced.
Juridical Review of Online Fraud Under the Guise of Payment of Insurance Guarantee Funds in Indonesia
The modes of operation of crime are increasingly diverse, one of which is online fraud. Particularly in economic activity around the world, transactions take advantage of the internet, which is popularly known as trading via the internet (e-commerce). In this article, the author discusses online fraud and the mode of payment of insurance funds in Indonesia. This fraud mode usually acts on behalf of JNE expedition services and takes advantage of the buyer's security in the JNE insurance calculation system. This study aims to explain the factors that lead to online fraud in Indonesia and to describe efforts to enforce and prevent online fraud with the insurance fund mode in Indonesia. The problems faced are: what are the factors that cause online fraud in Indonesia, and how are efforts to enforce and prevent online fraud by companies and the government in an integrated manner in Indonesia? Data were taken from secondary and primary sources in the form of online surveys and reports and studies from related institutions such as the police, the Indonesian Telecommunications Regulatory Body (BRTI), and the Association of Indonesian Internet Service Providers (APJII) with data collection and analysis methods. So based on this research, it is known that there are many factors that influence online fraud and follow-up that can be taken by the government according to applicable regulations so that it can have a good impact on the community to avoid cybercrime, especially online fraud.
Legal Analysis of the Enforcement of Two Mortgage Rights on One Land Certificate as a Credit Collateral Object
The Civil Code provides two collateral institutions that can be used by the community, namely pawn and mortgage. Along with the development of law in Indonesia, there are two new collateral institutions, namely mortgages and fiduciaries. The definition of mortgage rights according to Article 1 point 1 of Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Associated with Land is a security institution attached to the object in the form of land rights. In practice, one land object can be charged by more than one mortgage right. This research aims to find out and analyze the laws and regulations in Indonesia that regulate the encumbrance of more than one mortgage right on a land object and understand the technical auction of a land object encumbered by more than one mortgage right. This research is written using the normative juridical method through the Law and case approach with binding primary legal materials and secondary legal materials as references. The result of this research is legal certainty against debt repayment with land object collateral that has been encumbered by more than one mortgage.
Law Enforcement of Child Maltreatment Committed by Parents According to the Criminal Code
Violence against children committed by parents according to Law Number 35 of 2014 concerning child protection originates from cases of violence against children in Indonesia from time to time, which continue to occur and increasingly take various forms. As is known, children are the successors and assets owned by the nation that will maintain, and realize the ideals of the nation. Criminal acts are behaviors that violate the law, and sanctions will be given to the perpetrators who commit them. This problem is related to the factors that cause violence against children, and violence against children is not only caused by the factor of miseducation from parents. This article aims to find out what causes violence against children by parents and ways to prevent violence against children by parents. So it can be concluded that the factors that cause violence against children committed by parents are generally due to the negligence of parents and children themselves, economic factors, and environmental factors where the role of the community is lacking in preventing violence against children committed by parents.
Legal Protection for Minors who are Victims of Criminal Sexual Abuse Committed by Their Own Biological Father (Case Study in Kedadi Village, Lebaksiu Subdistrict, Tegal Regency)
Sexual abuse of minors is a serious and complex issue in today's society. This research aims to analyze the impact of sexual abuse on minors and explore effective countermeasures. This research uses a qualitative approach with a case study method to gain an in-depth understanding of the issue. The research involved participants of child victims of sexual abuse, their families, as well as professionals and parties involved in handling these cases, such as child protection agencies, police, and hospitals. Data were collected through in-depth interviews, observation, and analysis of relevant documents. The results of this study provide insights into the psychological, social and emotional impacts experienced by child victims of sexual abuse. These findings are integrated with the perspectives of families and professionals involved in handling these cases. In addition, this research also explores the coping strategies that have been put in place and the challenges faced in an effort to provide protection, recovery and justice for child victims. By understanding the impact experienced by victims of sexual abuse and looking at the challenges faced in handling these cases, this research provides valuable insights for professionals and practitioners involved in social work, child protection, psychology and law. It is hoped that the findings of this study can serve as a foundation for the development of more effective policies and intervention programs that can help prevent child sexual abuse and provide better protection for affected victims.
Juridical Analysis of The Crime of Sexual Abuse of Early Childhood in Banyumas
This article wants to answer how legal certainty in the implementation of legal protection against children as victims of sexual abuse in Banyumas City, this research found that sexual crimes against early childhood committed in Banyumas Regency are very rampant.The act of sexual abuse can cause severe physical and psychological harm to the victim, especially if the victim is a young child who lacks the ability to protect herself, and is completely dependent on her caregivers and surroundings.The problem is whether the victim protection regulations are appropriate in juvenile criminal justice and how to prove and apply the law to minors, One of the institutions responsible for this is the Institute for the Protection of Women and Children (LPPA) in Banyumas Regency, The method of analyzing the juridical approach used by LPPA in handling cases of sexual abuse of early childhood in Banyumas Regency, The method used is normative juridical research with a statutory approach (statue approach).The data used is sourced from relevant laws, regulations and legislation.
The Effect of Electronic Tickets on Violations of Article 359 of The Criminal Code
The development of technology is very useful to help regulate traffic smoothly and keep road users safe. The electronic ticketing system is believed to replace manual tickets to assist the Indonesian National Police in recording various traffic violations committed by the public to be more efficient. A system that allows the dissemination of information to each police officer in real time can store data on traffic violators. In addition, electronic tickets are also useful for traffic violators, they can easily pay fines through online or banks listed on the confirmation letter. This research was conducted to analyze the effect of electronic ticketing on violators of Article 359 of the Criminal Code and the factors that influence the occurrence of violations in traffic. This research uses normative methods and uses secondary legal materials. Based on the formulation of the problems listed, it is concluded that the electronic ticket on violators of article 359 of the Criminal Code provides a good response to reduce the number of traffic accidents. The factors that influence traffic violators are divided into two, namely internal and external. It would be nice if the government through police officers more often provide socialization about electronic tickets to the public so that they understand and are deterred from the violations that have been committed.
The Effectiveness of Mediation in Resolving Land Disputes at the National Land Agency of Banyumas Distric
Land disputes are a complex and frequent problem in Indonesia. This research aims to evaluate the effectiveness of mediation in land dispute resolution with a focus on the legal framework governing land dispute mediation. The research method used is normative juridical which focuses on analysing legislation and legal materials, as well as policies and procedures applied in conducting land dispute mediation. The results of the research examine how effective mediation is in the land dispute resolution process and provide a deeper understanding of the legal framework and policies governing land dispute mediation. The Law of the Republic of Indonesia No. 30 Year 1999 on Arbitration and Alternative Dispute Resolution provides the legal basis for the use of mediation as a method of resolving land disputes. The National Land Agency is one of the bodies that has the authority to conduct mediation, especially land disputes, so its effectiveness is needed so that mediation runs smoothly according to the procedures that have been regulated and can be resolved without going through a trial process that is costly and time consuming. However, there are still several challenges in the implementation of land dispute mediation, namely inadequate public understanding and lack of awareness of the benefits of mediation, as well as the lack of quality trained mediators. Therefore, more intensive efforts are needed in socialisation and education on land dispute mediation to the community and capacity building of mediators involved in the mediation process.
Legal Comparison Between Singapore and Indonesia in Traffic Regulation
Traffic is defined as the movement of vehicles and people in the Road Traffic Space, while what is meant by the Road Traffic Space is infrastructure intended for the movement of vehicles, people and/or goods in the form of roads and supporting facilities. The research method used is descriptive qualitative in nature. The results of his research are the differences in Traffic regulations, namely having different laws. One striking difference is regarding seat belts. Singapore is all about wearing seat belts. In Indonesia, the use of seat belts is not mandatory for passengers in the back. Meanwhile, in Singapore, all passengers in motorized vehicles are required to wear seat belts, both in front and behind. This difference in traffic regulations can affect the level of safety in driving in both countries. In addition, differences in traffic law regulations can also affect the actions taken in handling traffic violations. In Indonesia, traffic violations are generally dealt with by paying fines only, whereas in Singapore traffic violations can be punished with larger fines or even imprisonment. In his research results, in Singapore, motorized vehicles must pass emission tests every two years, while in Indonesia emission tests are only required every five years. This can affect air quality in both countries. From these differences, it is important to study traffic law comparisons between Indonesia and Singapore. This comparison can provide an overview of the advantages and disadvantages of each traffic regulation system, as well as provide inspiration for the development of better traffic regulations in the future.
The Crime of Human Trafficking from the Perspective of National and International Law
Human trafficking is a form of abuse that violates human dignity. Human trafficking in the form of organised crime networks is increasing both domestically and internationally. This organised crime makes it difficult for governments to deal with it and protect its victims. Bloomsbury University refers to human trafficking as "human trafficking", which is "the illegal process of finding and mistreating people for unpaid and often unpleasant labour in settings with no rights defined as the act. How is the legal regulation of human trafficking crimes nationally and internationally and how is the legal protection for victims of these crimes? The method used in writing this research is an analytical approach with legal concepts or statutory approach. The results of the research show that although the regulation on human trafficking is contained in international instruments such as the Palermo Protocol, the domestic regulation in Law Number 21 Year 2007 on Crime Eradication does not allow the trade of human organs by Indonesians. However, if the organ can be used to save the life of another person, for example by transplantation, there will be additional legal requirements for human organ transplantation. For the regulation of human organ trafficking in Indonesia, Law No. 21 Year 2007 on the Eradication of the Criminal Offence of Trafficking in Persons. Currently, the form of protection for victims of human trafficking and human trafficking offences is to punish the perpetrators legally and fulfil the needs of the victims.
Juridical Review of the Crime of Money Laundering with the Mode of Fried Shares Derived from Corruption Crime (Study of Decision: Number 29/Pid.Sus-Tpk/2020/Pn.Jkt.Pst)
This study discusses the judge's consideration in making a decision on criminal sanctions for perpetrators of money laundering with the mode of fried stocks originating from corruption (Study of Decision: Number 29/Pid.Sus-TPK/2020/PN.Jkt.Pst.). The writing of this research is motivated by the fact that in cases related to corruption, judges' decisions often do not match the expectations of the community, especially in this case the perpetrators of these crimes play quite beautifully using the proceeds of their corruption to look like legitimate. So from this research it is important to ensure that the decisions that have been given are decisions that are in accordance with the proper regulations so that the public can believe that the law in Indonesia is enforced fairly and efficiently by law enforcers. The type of research in writing this article uses normative juridical research, namely research conducted using the library method by emphasizing the applicable laws and regulations that are relevant to the legal issues that are the focus of the research. The results of the research regarding the application of material criminal law with evidence that has been listed in the decision are in accordance with applicable regulations which refer to Article 2 Paragraph (1) Jo Article 18 of Law Number 31 of 1999 concerning Eradication of Corruption Crimes as amended by Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes Jo. Article 55 paragraph (1) to 1 of the Criminal Code and Article 3 of Law Number 8 of 2010 on the Prevention and Eradication of the Crime of Money Laundering, and Law Number 8 of 1981 on Criminal Procedure and other laws and regulations.
Juridical Review of The Criminal Actions Performed by Children Against Children by Doing Deception and A Series of Lies (Decision Study Number 17/Pid.Sus-Children/2022/Pn Pwt)
The development of the world in this era of globalization shows a very rapid development, marked by positive influences, namely more advanced and developed science and technology. In addition to the positive effects that have been received, there have also been many negative effects that have also been received from globalization, in which crime has become more developed and sophisticated both in terms of quantity and quality. Along with the development of the era of globalization, there are also many crimes committed by children, which causes public concern. Crimes committed by these children include rape, obscenity, sexual abuse and sexual acts.. In this research, the problem to be solved is how to consider the decision of the judge issued to the child, from the point of view of restorative justice. The purpose of it is to find out the grounds for sentencing children in the order of restorative justice as a form of settlement of the crime of sexual intercourse committed by a child against a child. The authors used empirical legal and regulatory research with reference to the theoretical nature of the provisions of the applicable law and field research to establish facts about specific legal developments. In this research, the authors use the case approach method. The results of this research will be useful for the development of legal science, in particular to increase knowledge and add references, especially on issues related to the use of punishment against children in Indonesia, especially in cases of child-on-child sexual intercourse.
Juridical Analysis in The Case of The Crime of Theft with Aggravation Committed by Minors
Law No. 11/2012 regulates the special treatment of children in conflict with the law, which is different from adult criminal offenders. A child according to Article 1 number 1 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection is a person who is not yet 18 (eighteen) years old, including children who are still in the womb.Children are vulnerable groups in society who need protection. This research aims at the qualification of criminal acts of theft with aggravation committed by children in the view of criminal law and knowing the basis of the judge's consideration in imposing punishment with aggravation committed by children.applied in order to answer the problem of criminal acts of theft with aggravation committed by children in the view of criminal law. The type of research used in this research is normative juridical by focusing on positive law and through a statutory approach. the results of this study know the basis of the judge's consideration in deciding a case of theft committed by a child and the judge's consideration is in accordance with the applicable provisions in the criminal code (KUHP).
Implementation of The Concept of Restorative Justice in Overcoming Over Capacity in Correctional Institutions
The concept of restorative justice as a form of out-of-court settlement is needed to overcome various problems beyond the capacity of prisoners in prisons. Because the overcapacity of prisoners can cause many kinds of problems that exist in correctional institutions. Overcapacity in correctional institutions is influenced by several factors, one of which is the high rate of imprisonment used in existing regulations. The application of the concept of restorative justice can reduce the use of imprisonment to overcome overcapacity in correctional institutions. The research method of legal writing is normative legal research. Restorative justice policies are regulated by international legal instruments and national laws. The results of the study show that the policy of building restorative justice in combating prisoner overcrowding has been contained in the 2000 Vienna Declaration, the Minimum Standard Rules for the Treatment of Prisoners, Law No. December 1995 on Corrections, Perkapolri No. 6 of 2019, Perjak No. 15 of 2020, MARI Badilum Decree No. 1691/DJU/SK/PS.00/12/2020). The implementation of the concept of restorative justice aims to overcome overcapacity in correctional institutions.
Legal Protection of Victims of Verbal Catcalling in the Perspective of the Law on Criminal Acts of Sexual Violence
The purpose of this study is to evaluate the violence that often befalls women who are victims of verbal sexual harassment. Law Number 12 Year 2022 provides legal protection for victims of sexual violence (TPKS Law). The method used in this case study is the normative method. This is based on the fact that bullying is a form of verbal violence that expresses non-physical actions involving the body, sexual desire and inappropriate attractiveness to lower a person's mood. This can degrade human dignity based on their decency. As stipulated in the TPKS Law, victims of verbal sexual harassment have the right to be protected from actions that can degrade dignity. The form of protection is the implementation of duties and instilling a sense of security for victims, provided that it is carried out by LPSK and other institutions authorized by law. Verbal harassment or acts of violence should not be taken lightly, there must be firm action to provide a deterrent effect for the perpetrators. Because it is not only detrimental to the victim, but also a problem from the point of view of the norms that exist in society. In essence, humans are social creatures who live side by side to build community life and create synergy. Most catcalling occurs in community settings directed at women.
Copyright Protection of Graphic Design Works on Print on Demand
Graphic design is a profession responsible for developing and designing specific visual communications through images that successfully convey important messages, express emotions and values. This is achieved through a harmonious combination of visual elements such as typography, color, proportion, etc. The importance of this profession lies mainly in consideration of the image of today's society. Images are starting to dominate text, which is why more and more communication, advertising and marketing strategies are emphasizing visual formats, whether through photographs, brochures or posters. From a business strategy point of view, graphic design is essential for strengthening a company's image and differentiating itself from the competition. In addition, you must master product design techniques in both print and digital forms. A graphic designer should thoroughly understand copyright protection, which is essential to avoid infringing on the creator's economic and moral rights. Copyright is the right to work in the fields of science, literature and art. Graphic design is one form of work that is protected by copyright. POD or Print On Demand, is a method where designers collaborate with suppliers to print their designs on white-labeled items whenever customers request them, such as blankets, mugs, or t-shirts. Graphic design is one type of creation that is protected by copyright under the Copyright Act. The existence of the Copyright Act has not made Indonesia compliant with copyright protection. There is still frequent use and procurement of graphic designs without obtaining permission from the creator, so it is necessary to study the rights of creators to graphic designs used in sales products in Indonesia.
Legal Responsibility for the Perpetrators of Online Gambling Crimes in Indonesia
With the development of this technology, humans can easily access what they want, one of which is online gambling sites. Online gambling is a deviation that is contrary to religious, moral, moral and legal norms, but it is increasingly widespread and difficult to eradicate. Gambling is a form of community disease and is included in the qualification of crime. The rise of gambling will damage the social system of society itself. With the aim, the author is expected to provide usefulness to the development of legal science, especially in criminal law. Based on this, the author formulates the problem of factors causing online gambling and legal liability for online gambling offenders. From this writing, the research method used is normative juridical and statutory approaches, the data source that the author uses in this research is secondary data sources. Secondary data is obtained by conducting library research to obtain a theoretical basis. Based on the results of the research, the factors causing online gambling are divided into two, namely internal factors including intention, nature, talent, and emotional power, and also external factors including economic factors, social factors and facilities and infrastructure. Legal liability for online gambling offenders in Indonesia has been clearly and explicitly regulated in Article 303 paragraph (3) of the Criminal Code and Article 27 paragraph (2) of the Law on Electronic Information and Transactions.
Social and Environmental Responsibility by Limited Liability Companies Regarding Corpoorate Social Responsibility (Csr) (Study: On PT. Mitra Karya Tri Utama (Sampoerna))
Law No. 40/2007 on Limited Liability Companies requires companies to carry out activities known as Corporate Social Responsibility (CSR). Given this, companies have a role and responsibility in the implementation of CSR activities and as a form of concern for the community and the environment. PT Mitra Karya Tri Utama is a company engaged in cigarette rolling services that is obliged to carry out CSR activities. In running this program, the company needs to incur costs, from these costs the program can run well. Based on the above problems, the following problems can be formulated, First, how is the form of implementation of social and environmental responsibility by a limited liability company (PT). Second, how is the mechanism regarding the financing of social and environmental responsibility by a limited liability company (PT). The purpose of this study, First, can know and analyze how social and environmental responsibility. Second, can know and analyze the mechanism of financing social and environmental responsibility. The research method used is empirical juridical. From the results of research and discussion, it is concluded that First, PT Mitra Karya Tri Utama (Sampoerna) implements this CSR program by issuing a number of funds to be handed over to orphanages, residents around the company, and social services, but more often done for donations to orphanages. Second, the self-funding mechanism at PT Mitra Karya Tri Utama is an amount of Rp 5,000,000, from which CSR programs will be carried out within 1 month.
Legal Protection Against The Fulfilment of Children's Rights Due to Parental Divorce
Marriage is the beginning of the formation of a family, where the family becomes the main place filled with love and affection, and the fulfilment of the rights of a child is guaranteed. However, in marriage it does not go well, there are times when various problems arise which eventually get a resolution point but not a few also end in divorce. The party who is harmed by this divorce is the child, because of this condition the child loses his rights that he should get from his parents. Therefore, protection is needed so that children's rights can be fulfilled. The issues raised in this paper are how the practice of fulfilling children's rights after parental divorce. The purpose of this writing is to find out the practice of fulfilling children's rights by parents after divorce. The research method of this writing uses empirical juridical research. With interview collection tools and literature study. The results of the study show that in fact the regulations made by the state are sufficient to provide protection to children after parental divorce. So, even though it has been clearly enacted, the implementation of legal protection for children after divorce has not been implemented properly so that there are still a lot of children who do not get their full rights after a divorce between the parents. And this results in many new problems in children's lives that impact their growth and development both physically and psychologically.
Enforcement of Legal Sanctions for Performers of Illegal Mineral and Brain Mining C (Sand) in The Serayu River (Case Study of Sand Mining in Kaliori Village, Kalibagor District, Banyumas Regency)
Indonesia is a country with abundant natural resources, including the potential sand mining industry. Mining on a large scale is good for economic growth, but the opposite is true for the environmental impacts. Environmental damage due to exploitation also occurs in Kaliori Village, Kalibagor, Banyumas. Environmental damage due to sand mining has caused problems that must be claimed by all parties. This research examines how the impact caused by sand mining activities on the surrounding environment and how sanctions for parties involved in illegal sand mining. This type of research uses normative juridical and legislative approaches and the data sources used by the author in the research use secondary data sources regarding illegal mining of excavation C. Based on the results of the research, law enforcement against illegal mining that occurs is not in accordance with the applicable laws in law enforcement, the apparatus only makes preventive efforts while the community in Kaliori Village has factors such as lack of legal awareness, economic factors and education. Therefore, there is a need for research on environmental impact assessment, both physical and socio-economic sand mining activities in Kaliori Village, in order to obtain an overview of the environmental impacts that occur or will occur. Later, this research will become a consideration in making policies related to sand mining issues.
Normative Juridical Review of Legal Protection of Underage Child Laborers
Exploitation of child labor still occurs in Indonesia. Poverty and weak legal protection of children is one contributing factor. Therefore this paper aims to examine the factors that cause the emergence of child labor, child rights and legal protection for child workers, and prevention of child labor in Indonesia. The results of this study indicate that the occurrence of child labor is influenced by various social factors such as poverty and economic. Protection of child labor has been arranged in the formulation of laws and International Conventions ratified by Indonesia. Various efforts have been made to overcome the problem of child labor, but the government's effort is not maximized as expected.
The Role of The Police as Law Enforcement Officers in Handling Cases of Criminal Acts of Domestic Violence (KDRT) Against Women as Victims Based on A Normative Juridical Basis
Domestic violence against women is a serious and dangerous form of human rights violation. The police as law enforcement officers play an important role in handling domestic violence cases, including protecting women victims and providing justice for them. This research examines a brief overview of the role of the police in handling domestic violence cases against women victims, as well as the challenges faced in carrying out their duties with reference to UU No. 23 of 2004. This includes the initial response to the victim's report, careful investigation, collection of evidence, and arrest of the perpetrator. The police as one of the units of the police apparatus responsible for law enforcement has a duty to implement upright laws such as conducting investigations and providing protection for victims of violence in domestic violence. The police are at the forefront in handling domestic violence cases, namely by enforcing the law as stipulated in Article 13 of Law No. 23 of 2002 concerning the police of the Republic of Indonesia. The research conducted is normative juridical research, namely by examining legislation, literature in accordance with the problems studied.
The Influence of Human Rights on Death Penalty in Indonesian
Death penalty has the status of principal punishment, is a type of punishment that contains pros and cons. At the international level, this type of punishment is prohibited from being imposed on convicts. The United Nations (UN) pushed for the abolition of this type of crime based on the Declaration of Human Rights which was adopted on December 10, 1948, by guaranteeing the right to life and protection against torture. This step was taken considering that the application of death penalty is contrary to human rights. Criminal execution by shooting the convict to death and not carried out in public. Imposition of capital punishment means taking away someone's right to life. Everyone has the right to live and has the right to defend his life and existence (Article 28A of the 1945 Constitution). Even the death penalty is no longer in harmony with the development of human rights. All countries have the concept of upholding human rights, Indonesia as part of the countries in the world participates in realizing human rights, it is proven that human rights are regulated legally and formally. Human rights, especially the right to life, are stated as rights that cannot be reduced in any form. However, in a positive way, the application of the death penalty is still mostly decided by judges. The purpose of this writing is to examine how human rights influence death penalty in Indonesia, using normative law research methods, namely research based on positive law studies. This study uses primary legal material in the form of laws and regulations, as the object of research. The law that is the object of research is the 1945 Constitution of the Republic of Indonesia which is related to human rights. In conclusion, human rights are rights related to the nature of human existence. Criminal imposition of convicted criminals must be oriented towards the protection of human rights
Law Enforcement of Narcotics and Prohibited Drugs Among Youth that Impact on State Security and Sovereignty
Cases of narcotics and drug abuse in Indonesia are increasingly worrying, this can be seen from the increasing number of narcotics use among the next generation of the nation, especially "teenagers". The rise of drug abuse cases among teenagers is certainly caused by several supporting factors, including high curiosity or trends and a friendship environment where someone considers new and challenging things to do, making children in adolescence easily fall into drug use. Drugs are dangerous substances that affect a person's psychiatric condition or psychology and cause addiction, which has the potential to become an obstacle to national development that threatens the security and sovereignty of the state. The problems faced are How is Law Enforcement Against Narcotics Crimes in Indonesia According to Law Number 35 of 2009 concerning Narcotics, and How is the Protection of Drug Abusing Children Viewed from the Aspects of Victimology. This writing examines secondary data in the form of secondary legal materials by understanding the law as a set of positive rules or norms in the legislative system that regulates human life (library research). Based on the results of the research, it is known that law enforcement against narcotics crimes according to the Narcotics Law is subject to imprisonment, fines, life imprisonment and other sanctions, protection for children who abuse drugs in terms of victimology aspects, namely rehabilitation because the child is on the one hand the perpetrator and the other side is the victim
Overview Juridical Liberation Conditional for Convict in System Indonesian Criminal Justice
The penal system in Indonesia still applies the practice of parole with various provisions which are crucial elements in releasing convicts. Conditional release can be given to convicts who have met certain requirements based on the provisions of Article 15 of the Criminal Code, namely if the defendant has served 2/3 (two thirds) of his sentence or at least 9 (nine) months of the sentence handed down. The purpose of this study is to find out and analyze the implementation of parole for convicts based on the criminal system in Indonesia by taking into account the Criminal Code and the Correctional Law. The formulation of the problem in this study is a) What are the procedures and conditions for parole for convicts in Indonesia? B) What is the Juridical Review of Parole Release for Convicts in the Indonesian Penal System? This study uses a normative research method with a Statutory Approach through descriptive-analytical research specifications. The basic considerations for the implementation of parole are relevant to the Correctional Law regarding the purpose of sentencing. The implementation of parole must pay attention to social benefits and values ??so that the enforcement of prisoners' rights will be in accordance with the needs of society in general.
The phenomenon of gambling is a form of game using bets that are fortuitous in nature. Gambling phenomenon is a form of game using bets that are fortuitous, to get a win it also requires playing skills are also required. Gambling in the historical process has not been easy to eradicated, although reality also shows that the gambling proceeds obtained by the government can be used for development efforts. Obtained by the government can be used for development efforts. But apart from that, the negative impact of gambling is greater than the positive impact. its positive impact. Criminal law is often used to solve social problems, especially in crime prevention. Especially the problem of gambling as a form of community disease. This research aims to examine the regulation of the prohibition of gambling in the Indonesian legal system and the application of the Indonesian legal system to gambling. The type of research that will be used by the author is normative juridical research. Normative juridical research is normative juridical research is research conducted using the library method and which bases its analysis on the applicable laws and regulations that are relevant to the legal issues that are the focus of the research. The focus of the research. By using normative juridical research, the author can find legal arrangements for gambling crimes in the Criminal Code regulated in Article 303 and Article 303 bis and further strengthened by Law No. 7 of 1974 concerning Gambling Control, which is conventional gambling. Meanwhile, unconventional gambling is a new type that has developed and is regulated by Law No. 11 of 2008 concerning Electronic Information and Transactions, namely in Article 27 paragraph (1) and Article 45 paragraph (1). The application of Articles 426 and 427 of the Criminal Code only covers gambling offenses that occur within the territory of the Republic of Indonesia.
Legal Protection for Couriers Against Consumers Who Are Not Responsible for Cod Packages (Cash on Delivery)
Electronic transactions or e-commerce there is an online mall or marketplace, which is a platform that can directly become an intermediary for all transactions between sellers and buyers. One of the payment methods known to the public is the COD (Cash On Delivery) system, where payment is made when the courier delivers the ordered goods to the customer's home. This causes problems that are often experienced by couriers delivering ordered goods. Often there are several customers who commit irresponsible acts by not being willing to pay for the COD package that has been ordered. Actions such as those mentioned certainly violate the agreement between buyers and sellers who use the Cash On Delivery method, where payment must be made when the courier has delivered the order to the buyer's address. This study aims to determine the legal protection of couriers and liability for COD (Cash On Delivery) packages. This research is made with a normative juridical method through a legal approach supported by primary, secondary and tertiary legal materials. The result of this research is the legal protection of courier rights for consumers who are not responsible for the COD package they bought.
Payment of Education Insurance Claims from the Insurer to the Insured
In everyday life humans do not escape from various kinds of threats and risks of danger. humans cannot know what will happen tomorrow, either in the form of a soul mate, sustenance and death ... Law enforcement is needed to provide rule certainty for parties who violate the rules against the insurer in claiming coverage fees that are not in accordance with the agreed agreement. in law enforcement it is also necessary to have legal protection, especially to protect the rights of the insured who are harmed. The research method in this paper uses a normative juridical approach because the author conducts an inventory of laws and regulations governing insurance problems. The imposition of administrative sanctions in the form of written warnings is carried out at most three (3) times in a row for each violation. The period when imposing administrative sanctions in the form of written warnings for insurance companies is a maximum of 30 (thirty) days from the imposition of the administrative sanctions. Protection of consumers harmed by OJK business actors means evidence of integrated supervision, regulation, and consumer protection of financial services institutions. Insurance companies will be subject to administrative penalties in the form of activity restriction if the insurance company cannot overcome the violation which means the cause of the issuance of the last written warning sanction until using the period that has been influenced.
Transformation of Microfinance Institutions into Rural Banks
As time progresses there is more and more growth in various kinds of economic activities in indonesia. one of them is in the banking sector. more and more microfinance institutions continue to grow in indonesia. microfinance institutions are the most crucial and important financial institutions for the people in indonesia. Microfinance institutions also have opportunity to transform into people's credit banks. microfinance institutions can be divided into 2 parts, namely conventional microfinance institutions and sharia microfinance institutions. likewise, people's credit banks are divided into 2, namely sharia people's credit banks and conventional people's credit banks. then regarding factors needed from the process of changing the transformation of Microfinance Institutions into People's Credit Banks, to the legal certainty of changing the transformation of Microfinance Institutions into People's Credit Banks. In accordance with the title and problems to be discussed in this study, in order to provide useful results, type of research used by the author is Empirical Juridical research. Juridical-empirical research is legal research on the enactment or implementation of normative legal provisions directly on each specific legal event that occurs in society. The Legal Basis of Microfinance Institutions in Indonesia is that the business activities and operations are regulated in official regulations contained in the Microfinance Institutions Law and Government Regulations. Furthermore, MFIs also receive supervision from the Financial Services Authority (OJK). It is expected to know and criticize what factors are needed in the process of changing the transformation of Microfinance Institutions into Rural Banks, as well as the legal certainty of these issues.
Legal Protection for Consumers in Online Buying and Selling Transactions (E-Commerce) Reviewed Based on Law Number 8 of 1999 Concerning Consumer Protection
Internet technology has a huge influence on the world economy. This rapid development of technology has brought many changes to the pattern of life of most Indonesians. The pattern of life occurs in almost all fields, such as social, cultural, trade, science, and other fields. In the field of trade, the internet has begun to be widely utilized as a medium for business activities. The most developed example of trading activities in cyberspace in relation to the use of the internet is electronic commerce. E-Commerce is divided into two segments, namely business to business e-commerce (trade between business actors) and business to consumer e-commerce (trade between business actors and consumers). From this problem, the formulation of the problem to be discussed is how the responsibility of business actors towards consumers in the event of a discrepancy in the goods sent and how consumer protection is reviewed based on Law Number 8 of 1999 concerning Consumer Protection. The purpose of this research is to find out and analyze the liability of business actors to consumers for goods that are not in accordance with orders based on Law Number 8 of 1999 concerning Consumer Protection and to find out the provisions for consumer protection in online buying and selling based on Law Number 8 of 1999 concerning Consumer Protection. This research uses normative juridical methods, namely legal research conducted by examining library and secondary materials. Normative legal research is conducted on laws and regulations relating to consumer protection. The result of this research is that consumers must be given special protection from various possibilities that will harm consumers and business actors who do not have good faith in conducting online buying and selling transactions.
Juridical Review of Default in The Sale and Purchase Agreement Letter Land
This research was conducted on the court decision Number: 12 / Pdt.G / 2023 / PN Clp) regarding the dispute over the sale and purchase agreement of land rights with the aim of analyzing the validity of the sale and purchase agreement and analyzing the default committed by the seller (Defendant).This research uses a normative juridical approach method with prescriptive research specifications. The types and sources of legal materials contained in this research come from secondary data which includes primary, secondary, and tertiary legal materials using the literature study data collection method. Based on the results of the research conducted, it is found that the sale and purchase agreement of land rights between the debtor and the creditor that was not carried out in front of a Land Deed Official (PPAT) in this case is valid based on the results of the review according to Customary Law, the Civil Code and Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA) which includes Government Regulation Number 24 of 1997 concerning Land Registration. However, because the sale and purchase was not carried out before a PPAT, the sale and purchase agreement basically only applies to the parties, so that the transfer of rights can be requested to be proven in court. The Panel of Judges in considering and deciding that the debtor made a default was considered appropriate and appropriate, because the wrong elements were found which included negligence of the debtor's actions and the debtor's actions included a form of non-achievement at all because the Seller did not carry out his obligation to take care of the process of baliknama at the Notary / PPAT office as well as to make a deed of sale and purchase.