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Amanda Khoirunnisa Salsabila; Dr. Etty Haryati Djukardi, S.H., M.H., CN.; Dr. Hj. Yani Pujiwati, S.H., M.H.

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

A person or legal entity that acquires rights to land must register their land ownership. However, land ownership can also lead to disputes, such as the dispute over former eigendom verponding land numbers 3740, 3741, and 3742 in Dago Elos. The Defendants have occupied the land for years without issues, and some have certificates of land ownership or building rights. In the verdict of Judicial Review Case Number 109 PK/Pdt/2022, the Defendants' actions in occupying the disputed land were deemed illegal. Therefore, the author is interested in analyzing whether the Defendants' actions meet the elements of illegal actions according to Article 1365 of the Civil Code and related regulations, and to what extent the Defendants are protected by the verdict. The research was conducted using a normative juridical method, with literature review generating descriptive notes and data, and utilizing a statutory approach. The results show that the Defendants' actions in occupying the disputed land do not constitute illegal actions under Article 1365 of the Civil Code due to the lack of elements. No legal protection can be provided because the verdict is final. The judge did not provide legal reasoning based on the juridical alignment between legal facts, evidence, and the legal basis of statutory regulations.

Isti Puspitasari; Irwan Triadi

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

A number of studies related to the politics of criminal law in the Dfrat wetboek van straf recht (RKUHP) have increasingly tightened the state's grip on matters that de facto can be resolved by other types of law such as religion, decency and manners that already exist in society. At that point, efforts to think about the objectives of environmental and natural resource crimes in the RKUHP feel increasingly complicated to think about because this draft seems to be complicated and between various things, can consist of understandings, concepts, paradigms, which are related to and conflict with each other. another. This article uses normative legal research, the author obtains data from library materials which are usually called secondary data, which includes primary, secondary and tertiary legal materials. The author then studies and explores these legal materials and quotes theories or concepts from a number of literature, including books, journals, papers, newspapers or other written works related to the problem under study. This article explains that the position of the RKUHP regarding laws in the field of environment and natural resources is not yet clear, because the RKUHP does not expressly state its position regarding other laws. UU no. 10 of 2004 concerning the Preparation of Legislative Regulations also does not help provide answers because it does not recognize the general and specific designations or categories of laws as well as the requirements to fulfill these categories and this RKUHP is only able to absorb the criminal articles of each law. sectoral law, apart from other parts contained in the law. This means that the codification of this model consciously releases the historical and logical ties between the parts contained in each law.

Lorinza Hartomo Razy

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

The development of housing credit provided by the North Lampung Matrix Housing Developer sometimes gives rise to bad credit problems, where the realization of the credit provided does not reach the predetermined target. This can affect North Lampung Matrix Housing activities and impact developer accountability. What is the developer's responsibility for credit in accordance with Law Number 1 of 2011 concerning Housing and Settlement Areas in Matrix Housing in North Lampung? The research results show that the developer's responsibility for credit in accordance with Law Number 1 of 2011 concerning Housing and Settlement Areas at Matrix Housing in North Lampung includes the obligation to collect debtors who experience problematic credit who collaborate with the developer. North Lampung Matrix Housing Partners Bank, basically this obligation has not been specifically regulated in the banking law and still uses general rules such as the Banking Law, Civil Code and Law Number 40 of 2007 concerning Limited Liability Companies. The absence of special "lex specialis" regulations is a weakness in responsibility when bad credit occurs. All components of North Lampung Matrix Housing have juridical responsibility for all operational activities. Resolving problem loans at Matrix Housing in North Lampung can be done in two ways, namely litigation efforts through the courts and non-litigation efforts through preventive measures such as anticipating the emergence of bad credit, early warning and negotiation.

Ina Andriyani; M. Fuad Hadziq; Rini Febrianti

Jurnal Ekonomi dan Keuangan Islam 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This paper discusses the differences between Islamic bank financing and conventional bank credit. This research method is descriptive qualitative by analyzing the basic theory of the fundamental differences between Islamic bank financing and credit at conventional banks. The data was collected using literature studies from scientific journals and basic sharia economics books. Meanwhile, data analysis uses tabulation, coding, editing and verification or conclusion methods. Conventional banks prioritize and prioritize the complete guarantee aspect, whereas in sharia banks it only focuses on the character aspect of the customer itself, meaning that it can be said that the sharia bank believes that the customer will have good intentions when providing credit or financing within a certain agreed period of time.

Muhammad Afriza Rifandy; Muhammad Defri; Syaifullah Syaifullah; Surya Sukti

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

As the main source of law in Islam, the Qur'an has described various types of criminal offenses and their punishments, which are called Jarimah. This is relevant to the aim of enacting God's laws on this earth for the benefit and happiness of humans themselves. The provisions of sanctions that Allah gives to the perpetrator of the abuse are not intended to take revenge for what he has done, but rather to fulfill the rights of Allah and the rights of the persecuted family as a form of justice, providing a deterrent effect and protecting the public. As amukallaf, humans should obey and submit to the sharia rules that Allah has established in the Qur'an in order to be safe from sanctions both in this world and in the afterlife. The crime of theft is a violation of social norms, both state legal norms and religious norms. Any religion does not justify its followers stealing, because it will be detrimental to the victim and social order (Iqbal, 2021). In the Indonesian Criminal Code, the crime of theft is written in the Criminal Code (KUHP), Volume XXII II, Articles 362-367, Crime of Property, which has various types and sanctions for theft. (Lutfi, Kurniaty, Basri, & Krisnan, 2022). According to crime statistics published by BAPPENAS, the level of property crime or theft in Indonesia increased during 2012-2013, with 25,036 cases in 2012 and 25,593 in 2013. (Aeni, 2021). If we look at other countries, countries that follow the rules of Islamic law, namely Saudi Arabia, the application and provisions of this country's laws are derived from the rules of the Islamic religion, which uses the Koran and Hadith as sources of law. to take the law. According to the Arab Social Defense Organization, Saudi Arabia has much lower rates of property or theft than in Arab countries such as Syria, Sudan, Egypt, Iraq, Lebanon and Kuwait, which do not implement Islamic criminal law. The rate of property crime or theft in these six countries is much higher, namely 650 times higher than Saudi Arabia. (Fitrah, 2021). The problem is that ordinary people do not have a deep understanding of Islamic criminal law. People will only feel that Islamic criminal law fines are sadistic, inhumane and violate human rights. It is believed that any theft must be sanctioned, or the punishment is amputation, although certain conditions must be met in Islamic law for amputation to be punishable. (Muhammad Wahyu, 2018). The Indonesian Criminal Code and Criminal Code have different legal systems and sanctions for perpetrators of theftAbstracts consist of abstracts in English and abstracts in Indonesian. The abstract uses Garamond letters (10 pt) with a word count of 150 to 300 words. Abstracts must be concise, clear and complete. The abstract must contain the research objectives, methods, results (findings) and recommendations.

Simon Yonas Sanak; Simplexius Simplexius; A Resopijani

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

This study analyzed the process of examining members of the National Police who allegedly violated the code of conduct in the jurisdiction of the Timor Tengah Selatan (TTS) resort police. The research method used is qualitative research with a case study approach. The data was collected through in-depth interviews with the Professional and Security Division of the National Police of the Republic of Indonesia or commonly abbreviated as Div Propam Polri. The analysis was conducted to identify patterns and processes that emerged in the process of examining police members who violated the code of ethics at the TTS police station. The formulation of the problem in this study is 1. What is the process of examining and imposing sanctions on members of the National Police who are suspected of violating the code of conduct in the South Central Timor Police area? 2. How is the relationship between ethical sanctions and criminal sanctions in judicial proceedings in the District Court? The results showed that the examination process for members of the National Police who were suspected of violating the code of ethics in the jurisdiction of the South Central Timor Police was carried out in accordance with the Chief of Police Regulation Number 7 of 2022 concerning the Police Professional Code of Ethics, which involved various stages, ranging from reports or direct findings by officers, examinations to prosecutions and criminal acts in the process in accordance with the Criminal Procedure Code. In the event that a member of the National Police who violates the order of the member is immediately given disciplinary action by the ankum. This finding provides insight into efforts to improve the law enforcement system in terms of transparency in the examination process of members of the National Police who are suspected of violating the code of ethics in the jurisdiction of the TTS police.

Livya Asifah Magfira Ngabito; Nirwan Junus; Nurul Fazri Elfikri

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze compensation for land rights ownership losses resulting from unlawful acts in view of Article 1541 of the Civil Code in Pilohayanga village. The research method used in this research is empirical legal research using data collection techniques through direct observation and interviews with the litigants. The results of the research show that compensation for ownership of land rights due to unlawful acts in Article 1365 of the Civil Code is mandatory to provide compensation to the person whose fault caused the loss, both in the form of money and compensation in the form of returning it to its original condition. The award of compensation depends on the size of the claim submitted by the injured party. The size of the compensation costs is measured by looking at the object of the dispute, the time limit and the costs incurred in deliberation efforts in the village. However, until now there has been no good intention from the perpetrator to return or compensate for the losses for his actions.

Farin Aprita; Savina Dwi Cahya; Anisa Yulianti; Nadia Nadia; Tri Gianti +1 more

Jurnal Publikasi Ekonomi dan Akuntansi 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

The Accountant Code of Ethics is a guideline to regulate the ethics of the Indonesian public accounting profession in order to fulfil professional responsibilities. IAMI, IAI and IAPI. Based on the research of this scientific article, the author conducted research observations on Business Ethics in the Digital Age. The object of research comes from literature such as google scholar, online media, and company reports of PT Indofood Tbk. The purpose of this article is to find out violations of the ethics and code of ethics of the accounting profession at PT Indofood. Based on the case study described above related to PT Indofood, Tbk which has violated the code of ethics. Indomie products contain harmful substances that will harm consumers if they consume these products. PT Indofood Tbk. has violated the principle of honesty in business ethics by not informing its customers about the dangerous content in their products.      

Frita Apriliana Yudha

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Several countries have implemented electronic notarial deeds in their national legal systems, mainly to ensure the authenticity of electronic information. The authentic deed rules in the UUJN and Civil Code show that the use of notarial deeds and the creation of authentic deeds are difficult to implement due to the absence of procedural changes. The definition of an authentic deed is included in both UUJN and UU ITE. The research findings show that the creation of electronic deeds using artificial intelligence (AI) has become a legal basis. For example, Article 15(3) of the UUJN and Article 17 of the UUPT cover electronic registration of trust deeds, electronic registration with notaries, amendments to the articles of association of legal entities, and so on. Obstacles in the implementation of electronic deeds are influenced by many factors, such as legal substance, legal structure, and legal culture.

Sri Imelda Ayu Dude; Robby Waluyo Amu; Leni Dwi Nurmala

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

Land grabbing is a form of unlawful act, namely an act of abuse of authority over land ownership rights. Acts of encroachment can take the form of occupying land, installing fences, or eviction of land owners and so on. The act of illegally grabbing land is an unlawful act, which can be classified as a criminal act as stated in the provisions of the Criminal Code. The problem approach used in this writing is the normative juridical method. Primary data collection techniques are obtained by conducting searches, inventories and reviewing regulations using literature studies including statutory regulations, books and articles in journals and scientific works. Deductive analysis techniques are used to analyze data with a starting point or based on general rules, then a specific conclusion is drawn. The mechanism for resolving land grabbing cases that occur in the community can be carried out through deliberation or mediation, litigation, non-litigation, through the role of law enforcement officials, resolution through arbitration institutions. As for the role of the prosecutor's office in implementing court decisions in cases of land grabbing, the main role of the prosecutor's office in this context is as the implementer of court decisions that have permanent legal force. The prosecutor's office is responsible for ensuring that the implementation of these decisions is carried out. The government's suggestion is to provide information to the public by means of outreach, appeals and information, especially about land ownership and the prosecutor's office as the implementer of court decisions can provide protection to people who have land rights.

Annisa Febyanti; Bilqisti Kurrotul Aini; Andi Laila Qadrianti Putri; Berliana Putri Wiraka; Muhammad Althaf Faishal +1 more

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The police apparatus is one of the law enforcement officers as a state instrument that plays a role in maintaining public security and order, as well as providing protection, protection and services to the community. However, the facts in the field say, there are still many violations of the principles of the rule of law in the realm of criminal procedure law, one of which is violence committed by law enforcement officials in the realm of investigation. The purpose of this writing is to find out how legal protection is given to victims of violence in investigations and to find out how the role of law enforcement officials should be in interpreting authority and power. The research method used by the author is normative legal research using data collection techniques through document study activities on secondary data. The results obtained from this writing are that suspects who experience violence in the investigation can make legal efforts through their family or legal counsel in accordance with what is regulated in Article 77 of the Criminal Procedure Code. In addition, in the context of accountability, law enforcement officials must be prepared to account for their actions and decisions to interested parties, including the community at large.

Fransisko Ngajow, Malfrid Frangky; Kadir, Yusrianto; Moonti, Roy Marthen; Kasim, Muslim

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

The purpose of the research is to know and analyze the criminal liability of the perpetrator in the case of illegal mining in the Marisa District Court of Pohuwato Regency has been in accordance with the objectives of the law (certainty, benefit, and justice) and to know and analyze the factors that influence the consideration of judges in examining, adjudicating, and deciding cases of illegal mining in the Marisa District Court of Pohuwato Regency. The type of research used in this legal writing is socio-juridical legal research. Criminal responsibility of the perpetrator in illegal mining cases is very important to maintain legal certainty, expediency, and justice. Courts need to ensure that perpetrators are given sanctions appropriate to the level of offense they commit and that the sanctions are effective in preventing similar acts in the future. In addition, fair and proportional treatment of perpetrators must also be ensured to maintain the integrity of the justice system and the judge's consideration in deciding Case No. 37/Pid.Sus/2023/PN Mar was in accordance with Article 184 of the Criminal Procedure Code, namely based on legal facts, witness testimony, testimony of the defendant and instructions in the form of evidence, so that the judge's consideration in his verdict had fulfilled the elements and conditions of the defendant's conviction.

T. Riza Zarzani; Ismaidar Ismaidar; Wildan Fahriza

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

corporation is a group of people and/or assets that are organized, whether legal entities or non-legal entities. Corporate crimes that occur in Indonesia are quite an important note in law enforcement in Indonesia. The discussion of corporate crime is very different from crimes that occur in general (as regulated in the Criminal Code). The problem formulation in this research is the dimensions of corporate crime. And the aim of the research based on the problem formulation above is to determine and analyze the dimensions of corporate crime. This research method is analytical descriptive research which is research to describe and analyze existing research and is included in the type of library research which will be presented descriptively. Corporate crime has special characteristics when compared to other types of crime. The general view has at least 2 (two) main characteristics, namely Non Violent (non-violent) and Corrosive effect (damaging moral standards). Corporate crime is essentially an act that is condemned by law. Its existence is an act prohibited by any law. Therefore, the understanding of corporate crime can be divided based on the understanding of corporate crime as organized crime because it involves all aspects and parts of the corporation, as transnational crime because the scope of acts carried out is not only in one country but across countries . As a white collar crime considering that corporations are parties who have an important position and have certain economic power in society.    

Matilda Fidrisa Anggun; Sukardan Aloysius; Petornius Damat

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The purpose of this research is to analyze the perspective of capu reke (void marriage) after paluk kila (exchange of rings) in Manggarai Marriage Customary Law. This type of research is empirical normative legal research. The sources of legal materials used in this research are primary and secondary legal materials. The method of processing legal materials through 3 (three) stages, namely editing, coding and systematization of data which is then analyzed descriptively qualitative. The results of this study found that: (1) The meaning of capu reke (capu = eliminate, cancel, break and reke = promise) which is literally interpreted as eliminating or breaking promises with other parties. Paluk kila (paluk = exchange; kila = ring). The Manggarai indigenous people interpret this paluk kila as being known to the extended families of both parties, as well as an acknowledgment from the tongka (witness/spokesperson) that the couple is true and ready to become a woe nelu (new family). (2) The perspective of capu reke (void marriage) after paluk kila (exchange of rings) in this ceremony is very sacred and from this problem the traditional ritual which is considered very magical and highly respected seems to be played with. (3) The legal consequences and customary sanctions that arise are: If the man decides first, the sanction is that the man must pay or cover the woman's shame in the form of saung leba (money) with a buffalo (kaba ngalu tau rangga). If, on the other hand, the woman decides first, the sanction is to give twelve Manggarai traditional cloths and one podo wa'u pig (returning the male clan). The legal consequences that arise are also the status of the child in this capu reke event who has the right to take care of the father (lut wa'u) and get inheritance rights from the father even though the custody is in the mother. The suggestions for the results of this study are (1) It is better if the marriage promise that is later denied or canceled is regulated more clearly in the law, even the rules must be clearer about the marriage promise and the legal consequences of the agreement that was made before the marriage. (2) Prospective couples are required to make a marriage agreement in order to better understand all the consequences that will be accepted after the marriage agreement takes effect between them.           

Dhini Dwi Aprilia; Edy Soesanto; Diah Sekar Arum

Jurnal Riset dan Publikasi Ilmu Ekonomi 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

In an era of rapid digital transformation, Indonesia faces major challenges in ensuring security, privacy and compliance are maintained. With increasing cyber threats in the country, BSSN and the Government must be more careful about potential large-scale security breaches and must prioritize building strong defense mechanisms to protect Indonesia's digital assets. Therefore, Cyber Security is the main pillar for the progress and sustainability of Indonesia's digital transformation. Then, legal provisions were issued in the form of Criminal Code Legislation and ITE Law no. 11 of 2008. The research method used in writing this article uses a qualitative method with a literature study approach. This research aims to provide an explanation regarding the compilation of national values originating from the 1945 Indonesian Constitution (UUD 1945) and the Unitary State of the Republic of Indonesia (NKRI) regarding security management. Specifically, this research examines the role of security management in dealing with cybercrime and strengthening digital defenses. It is hoped that the results of this research can be used as a reference for further research in increasing readers' insight and knowledge regarding the theme of this article.

Marchio Yosua Gratia Mamesah; Meyke Paat; Helen Joan Lawalata

Algoritma : Jurnal Matematika, Ilmu pengetahuan Alam, Kebumian dan Angkasa 2024 Asosiasi Riset Ilmu Matematika dan Sains Indonesia

This research aims to determine the effect of the guided discovery learning model on student learning outcomes in class 12 using a scientific approach; in this research, the researcher used 2 learning methods, one of which is the conventional method; the researcher used 2 classes as samples, where each class was 15 students in each class, was coded as class A for the control class and class B for the experimental class. The research instrument used was a question in the form of a posttest. 

Exshel Benyamin Pou; Sukardan Aloysius; Yossie M. Y. Jacob

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The purpose of this study is to analyze the legal aspects of the use of third party services (debt collectors) by leasing parties based on Financial Services Authority Regulation No. 35/2018 in efforts to collect two-wheeled vehicles against debtors in default. 35/2018 in efforts to collect two-wheeled vehicles against debtors who make defaults The type of research in this study is normative legal research. The research in question is research that has characteristics including gaps in legal norna / principles, does not use hypotheses, uses theoretical foundations / theoretical studies and uses legal materials consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of this study indicate that: (1) The position of debt collectors in the leasing company is as a collection officer not an execution officer, execution can only be carried out by a bailiff with a court decision as in Article 32 of the Fiduciary Guarantee Law paragraph (2). The legal relationship between debt collectors (collection service companies) and creditors, namely debt collectors when carrying out their duties, act based on the power of attorney given by the finance company to the debt collector to collect or collect collateral objects from debtors. Likewise, in POJK No.35/2018 article 50 Financing Companies can cooperate with other parties to carry out collection functions to Debtors. (2) The legal consequences of withdrawing motorized vehicles against debt collectors, debt collectors will be held criminally liable and sentenced to criminal sanctions as stipulated in the Criminal Code as criminal law in Indonesia if the implementation is not in accordance with procedures, as well as the creditor in this case leasing can be sued by the debtor and ask to compensate civilly for the act of withdrawing motorized vehicles by debt collectors if the withdrawal has violated existing provisions and violated the agreement agreed upon by the creditor and the debtor. However, if the implementation is in accordance with the procedure, it must be protected in accordance with applicable laws.           

Shophia Mendora Janische Talan; Simplexius Asa; A Resopijani

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The purpose of this research is to analyze the application of the customary sanction "Lais Palolit" in the settlement of theft cases in Boti Village, Kie Subdistrict, South Central Timor District. The type of research used is empirical research. Empirical research can be interpreted as an approach that looks at a legal reality that exists in society. Based on this type of research, the data sources in this study are primary data and secondary data. The data collection techniques used are interviews, observation and documentation. The data collected will be processed through editing, coding and tabulation stages and data analysis is carried out descriptively, qualitatively and completely. Based on this research, several conclusions can be made, namely that all theft cases that occur within the scope of Boti Village must be resolved through the customary law that applies there by carrying out the customary sanction "Lais Palolit". The form of this customary sanction is the provision of additional property to the perpetrator based on what he took. This customary sanction is considered effective in resolving theft cases in Boti village. This customary sanction is different from the provisions stipulated in article 362 of the Criminal Code, but in its application so far the settlement of all theft cases in Boti village has always used the provisions of customary law and has not used the provisions of national law.

Theresia Nono; Hernimus Ratu Udju; Jenny Ermalinda

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This research aims to determine the legal awareness of village communities in administering Child Identity Cards (CIC) and the factors inhibiting village community legal awareness in administering Child Identity Cards (CIC) in Sunsea Village, Naibenu District, North Central Timor Regency. This researcher uses qualitative research methods which in legal research are called empirical research and the research aspects consist of legal knowledge, legal understanding, legal attitudes and legal behavior. Researchers used a research location in Sunsea Village, Naibenu District, North Central Timor Regency with 30 respondents (4 Village Government, 1 BPD and 25 Community), and used primary and secondary data as types and sources of data. And the collected data is then processed using coding, editing, tabulation and analyzed systematically. The research results show that the legal awareness of village communities in processing children's identity cards in Sunsea Village, Naibenu District, North Central Timor Regency is low. This is proven by the results of research on four indicators including low legal knowledge, low understanding of the law, many people's legal attitudes that do not agree and many people's legal behavior that is not in accordance with the village community's legal awareness in managing children's identity cards (CIC). One of the internal inhibiting factors is knowledge, education and economics which tend to influence the legal awareness of village communities in processing children's identity cards, while the external inhibiting factors are the distance where the community lives and there is no cooperation between the government/certain agencies and the village government to carry out socialization.           

Nency Ayu Lianawati

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Technological advances in all fields always have an impact on society in a nation. Likewise for the Indonesian people. One of the population problems facing the Indonesian nation today is the social behavior of the younger generation, which today is very free. In fact, they will be the next generation of the nation's ideals. This research method was carried out using a statute approach and a conceptual approach containing descriptions of theories, findings and other research materials obtained from reference materials to serve as a basis for research activities. This approach is also known as the literature approach, the judge's consideration in imposing a crime on abortion committed by the defendant is based on the legal basis used by the judge, namely Article 77 A of the Republic of Indonesia Law No. 35 of 2014 concerning the stipulation of government regulations in lieu of Law No. 1 of 2016 concerning the second amendment to Republic of Indonesia Law no. 23 of 2002 concerning child protection became law in conjunction with Article 55 Paragraph 1 to 1 of the Criminal Code. The Panel of Judges in deciding this case looked at the facts at trial and declared the Defendant legally and convincingly guilty of committing a criminal act "participating in committing an act with intentionally carrying out an abortion on a child who is still in the womb for reasons and procedures that are not justified by the provisions of the laws and regulations, based on the judge's considerations, namely the public prosecutor's indictment, witness statements, defendant's statements, evidence, and articles in criminal law regulations. , as well as positive legal considerations, namely the reasons why the defendant committed the act and the consequences of the defendant's actions.