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Srinorindra Rahayu Budiiswanti; Fence M. Wantu; Avelia Rahma Y. Mantali

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze legal protection for female workers who are laid off (PHK) and to find solutions to obstacles in providing legal protection for female workers who are laid off (PHK). The methodology used in this study is normative legal research, while the research approach used is a legislative approach where the relevant laws and decrees are sought and studied, and other decisions related to the legal issues being studied are matched by discussing thoughts and lessons or teachings in the field of law, and matching the formulation of the problem based on cases in the world of work related to the material being discussed. The results of the study indicate that various legal instruments, both national and international, have regulated protection for female workers, especially in situations of layoffs. Law No. 13 of 2003 concerning Manpower and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) which has been ratified by Law No. 7 of 1984 have provided a clear legal basis regarding the prohibition of layoffs against women on the grounds of pregnancy, childbirth, or marriage. In addition, compensation and industrial dispute resolution are also regulated to ensure that the rights of female workers are protected. However, there are still gaps in the implementation of this legal protection, especially related to the lack of knowledge of workers regarding their rights and the uneven implementation of policies in various industrial sectors. Implementation obstacles in regulating the legal protection of female workers, namely work agreements that are not in accordance with regulations, the lack of general sanctions, and workers' ignorance of their rights are obstacles. The state needs to integrate international conventions into national law and ensure that violators receive appropriate sanctions. Many female workers are not yet fully aware of their rights, which hinders effective protection.

Putri Amaliah Baderung; Fence M. Wantu; Nur Mohamad Kasim

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Since 2017, the Ministry of Agrarian Affairs and Spatial Planning/Head of the National Land Agency has been tasked by President Joko Widodo to complete land registration across Indonesia by 2025 through the Complete Systematic Land Registration Program (PTSL). Based on Ministerial Regulation ATR/BPN Number 12 of 2017, updated with Number 6 of 2018, this program aims to provide legal certainty and protection of land rights for the community. However, many people, especially in North Gorontalo Regency, still do not understand how to obtain land certificates due to a lack of information and education about PTSL. This research aims to explore government policies that provide land ownership certificates as legal protection for the community. Better coordination is needed between local governments and the Ministry of ATR/BPN to raise public awareness of the importance of land certificates, which not only guarantee ownership but can also be utilized as business capital. The PTSL program is expected to improve community welfare and reduce land disputes. Research findings indicate that public understanding in North Gorontalo Regency remains low, with obstacles such as a lack of information, complicated procedures, and limited access. Government policies need to include regulatory simplification and increased transparency as well as public services.

Madina Mulia Ahmad; Fence M. Wantu; Mohamad Taufiq Zulfikar Sarson

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This thesis aims to examine criminological aspects related to criminal acts of abuse committed by children who consume alcoholic drinks, with a focus on the context of the Gorontalo City Police Department. The first problem formulation explores the criminological review of criminal acts of child abuse related to the consumption of alcoholic beverages. This study involves analysis of criminological factors that may influence such behavior, including environmental, family, and social influences. The second problem formulation explores efforts to overcome criminal acts of abuse by children related to the consumption of alcoholic beverages, especially those carried out by the Gorontalo City Police. The analysis focuses on prevention, detection and response strategies carried out by police officers in responding to these cases. Apart from that, this thesis also evaluates the effectiveness and obstacles faced by the authorities in dealing with this problem. The research method used involves a qualitative approach with case studies as the main research design. Data was obtained through interviews with police officers, document analysis, and direct observation of the situation in the field. It is hoped that the results of the research will contribute to further understanding of the criminological factors that influence criminal acts of abuse by children who consume alcoholic beverages, as well as provide recommendations for improving response strategies by the police.

Mohammad Rivaldi Lasulika; Fence M. Wantu; Julisa Aprilia Kaluku

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to determine the position of restorative justice in the criminal justice system in Indonesia and to determine the application of restorative justice in the criminal justice system. This type of research uses empirical legal research, empirical legal research is a legal research method that functions to see the law in real terms and examine how law works in society. The position of restorative justice in the criminal justice system in Indonesia can provide justice that focuses on the needs of the victims, perpetrators of crimes, and also involves community participation, and does not merely fulfill legal provisions or merely impose criminal penalties. In this case, the victim is also involved in the process, while the perpetrator of the crime is also encouraged to take responsibility for his actions, namely by correcting the mistakes he has made. The implementation of restorative justice in the criminal justice system can be seen from various policies and laws and regulations currently in force, but in reality there are inconsistencies between enforcement officials in implementing restorative justice in a case. In fact, many cases ignore restorative justice and result in the criminal being convicted.

Anisa R. Sunge; Fence M. Wantu; Vifi Swarianata

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Exhibitionism is the behavior of showing body parts or vital organs to others to achieve sexual satisfaction. This is done to get sexual satisfaction by masturbating while imagining. Exhibitionism itself is included in the category of sexual preference disorder (paraphilia). This research aims to analyze whether the application of mental rehabilitation sanctions can be carried out against the perpetrators of exhibitionism. The type of research used is normative research which is based on applicable laws and regulations and analyzes problems from a case perspective. The results of the research obtained by the author in conducting research on the application of mental rehabilitation sanctions have the potential to reduce the level of recurrence of exhibitionism behavior. Mental rehabilitation programs that include psychological therapy, counseling, and social support can help offenders to understand the root causes of their behavior and develop strategies to overcome these tendencies.

Angraini K. Baculu; Fence M. Wantu; Julisa Aprilia Kaluku

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

The aim of the research is to analyze the factors that cause criminal acts of traffic accidents committed by children and the responsibility of children related to traffic accidents committed by minors which cause death. The research method used in this research is an empirical method. The results of the research show that: 1. The factors causing the occurrence of criminal traffic accidents committed by children which cause death are. General factors include: Manuia, Weather/Nature, Road Conditions. Then external factors, including: Age, personal existence, lack of awareness of the safety of oneself and others, lack of awareness of traffic regulations. And internal factors, including: Lack of parental attention, social environment.2. Responsibility of children for criminal acts of traffic accidents by minors which cause death. The provisions for criminal fines for children whose negligence causes someone to lose their life in Article 310 paragraph (4) of Law Number 22 of 2009 concerning Road Traffic and Transportation can be imposed a fine that can be imposed on childrezn whose negligence causes someone to lose their life at most ½ (one half) of the maximum threat of imprisonment for adults. It can be concluded that for children whose negligence is proven to result in someone losing their life, the threat of imprisonment that can be imposed on them is ½ of the fine in Law Number 22 of 2009 concerning Road Traffic and Transportation. Because the criminal fine in Law Number 22 of 2009 concerning Road Traffic and Transportation is a maximum of IDR 12,000,000.00 (twelve million rupiah), then for a child whose negligence causes someone to lose their life a maximum of IDR 6,000,000, 00 (six million rupiah). Keywords: Accident; Traffic; Child; death.

Suci Nabila Mustapa; Fence M. Wantu; Julisa Aprilia Kaluku

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

The criminal disparity is inconsistent of different decisions toward crime with similar characteristics where its danger is comporable without obvious justification. Narcotics are substances or drugs from plants or others, wheter synthetic or semi synthetic, that can fatally affect the consciousness and lead to an addiction. This study aimed to analyze the factors influencing the disparity in judges decisions and the solutions or judges consideration in sentencing toward drug abuse cases. This normative research used a case approach referencing primary, secondary, and tertiary legal materials. Data collection techniques were carried out using literature studies. Based on the analysis, two factors influenced the judges decision legal and social. Besides, the verdict made by the judge has not fulfilled the sense of justice due to the irrelevancy.

Anatasya Awalia S. Hasan; Fence M. Wantu; Julisa Aprilia Kaluku

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Criminal disparity refers to dissenting judgments regarding the same criminal act or one that possesses dangerous characteristics, both of which can be compared without clear justification. This research aims to understand and analyze whether the existence of disparities in prosecution can fulfill the legal perspectives’s objectives and to identify and analyze the factors causing disparities in prosecution in Cases Number: 176/Pid.B/2019/PN Gto and Cases Number: 163/Pid.B/2019/PN Gto by using a normative research method with a case approach. The technique employed involves a literature review supported by descriptive analysis a supplementary method. The research findings are as follows: firstly, in both verdicts, Number 176/Pid.B/2019.PN Gto and Number 163/Pid.B/2019/PN Gto, it is observed that they still do not fully meet the legal perspective’s objectives because there are legal objectives that remain unfulfilled. Secondly, both verdicts contain factors influencing the occurrence of disparities in prosecution, including the consequences caused, considerations from the prepator’s prespective, personal factors, aggravating and mitigating circumstances, and the extent of the losses incurred.

Rahmawati Putri Musa; Fence M. Wantu; Mohamad Taufiq Zulfikar Sarson

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This research explain how to implement civil cases settlement before and after the implementation from of E-Court system in electronic and conventional court. on this case it explains that civil cases settlement in a modern manner is described according to Supreme Court Regulation Number 7 of 2022 while conventionally described according to HIR / RBG. Before the advent of  system E-Court, the testing method was conducted conventionally. The optimization of these two forms of civil case settlement is then examined according to Law Number 48 of 2009 concerning Judicial Power where the judiciary is administered out with the principles of simple, fast and low cost. This research is a normative legal research with Statute Approach and Conceptual Approach methods. The research concluded: first, the existence of court dualism is still needed for justice seekers who still need conventional lawyers. Second. The implementation of Civil Case Settlement with the presence of E-Court as an effort to realize the principles of simple, fast and low cost in reality has not been optimal, however, E-Court has not fully resolved the cases received by the Supreme Court and the lower courts. That is, most cases are still conducted conventionally.