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Nila Indrika Anggi Finanda

The International Conference on Education, Social Sciences and Technology 2022 International Forum of Researchers and Lecturers

Legal protection of children refers to all actions that ensure and safeguard children and their rights so that they can live, grow, develop, and engage maximally in line with human dignity and honour, as well as get protection from violence and discrimination within legal laws. In Indonesia, the proportion ranges from 22 to 100%, indicating that the aforementioned conditions occur often. As a result, researchers are interested in performing this study utilising normative research methodologies. Legal protection for minors who distribute pornographic videos on social media, choosing to release minors, is regulated by Law No. 23 of 2002 concerning Child Protection, Article 16 (1) Every child has the right to receive protection from being the target of abuse, torture, or inhumane punishment, (2) Every child has the right to obtain freedom in accordance with the law, and (3) Arrest, detention, or incarceration of a child must be carried out in accordance with relevant legislation and only as a last option. And advocate LPKA in the form of independence coaching, which includes instruction for foster children in skills that may be developed after the foster time ends, such as sewing. Meanwhile, personality development is moral development, with the goal of providing foster children with an understanding of social norms as well as an understanding of themselves so that they can accept responsibility for all actions they take and refrain from repeating illegal actions. Suggestions in this protection are expected to be safeguarded by anybody, regardless of circumstance, and the local government needs to get to the field to inspect the status of special child development institutions so that any deficiencies may be corrected quickly, allowing development to proceed correctly.

Rr. Chantika Vebyola Wijaya; Dedo Indra Pratama; Adib Yanuar Gunawan; Wiwin Yulianingsih

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2022 Pusat Riset dan Inovasi Nasional

The inheritance law itself is part of the civil law and the smallest part of the family law. The customary law inheritance system includes 3 (three) patterns, namely patrilineal, matrilineal, and parental. One of the tribes that still applies customary inheritance law is the Talang Mamak Tribe. This research explores the application of the inheritance of the Talang Mamak Tribe in the customary inheritance system in Indonesia and its legal consequences in terms of aspects of Indonesian civil law. This research is of a normative juridical type using a statutory debate approach and a concept approach. The secondary data used comes from literature studies with analytical descriptive analytical methods. The result of the research obtained by Penilis is that most of the Talang Mamak people are known to have converted to Islam. The traditional inheritance of the Talang Mamak Tribe basically uses a matrilineal system, where the heirs are daughters. The role of Ninik amak and the daughter here is to be the ruler or controller of the inheritance and the custodian of all the brothers of the wife including the sons. According to Article 105 and Article 109 of the Civil Code, this is inversely proportional to the position of women who are classified as legally incompetent. The inheritance system in the Talang Mamak Tribe should be given legal protection by the government specifically.     Keywords: , , ,

Hery Kurniawan Zaenal

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2022 Pusat Riset dan Inovasi Nasional

This study aims to: (1) analyze and find the ratio of the decision of the Constitutional Court Decision Number 49/PUU-X/2012 concerning the annulment of Article 66 paragraph (1) UUJN-2004, (2) the legal impact of the Constitutional Court's decision no. 49/PUU-X/2012 Against Legal Protection for Notaries. The type of research is normative law. While the research approach used, namely: Legislation, contextual approach, and case approach, as well as a comparative approach. The legal materials used in this study are primary legal materials and secondary legal materials. While the analysis of legal materials using qualitative analysis. The results of the study show that: (1) The ratio decidendi of the cancellation of Article 66 paragraph (1) of Law Number 30 of 2004 concerning the Position of Notary Public is based, that the article is not in accordance with the principle of equality before the law (equality in law) for every citizen. There is the approval of the Notary Honorary Council, not in accordance with the sense of justice and the criminal law enforcement process, as well as the principle of an independent judicial power; (2) Legal Impact of MK Decision No. 49/Puu-X/2012 Regarding Legal Protection for Notaries, the notary loses his special rights, namely summoning a Notary in the case of interest in a criminal examination does not need to obtain permission from the Regional Supervisory Council as stipulated in the provisions of Article 66 of the JN Law, this is for guarantee legal certainty and responsibility for the deed issued.

Riza Yoga Pramana; Liliana Tedjosaputro

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2022 Pusat Riset dan Inovasi Nasional

The purpose of the study is to determine and analyze the criminal law protection of embezzlement of assets (Boedel Bankruptcy) of debtors that result in losses to creditors, and obstacles to criminal law enforcement for embezzlement of debtors' assets that result in the formulation of the problem What is the position of criminal law Embezzlement of debtors on their assets that causes creditor losses and how to overcome them. The method used in this study uses the Normative juridical approach method, the data sources are secondary data and primary legal materials.  Research Results (1).  Legal protection of the criminal act of embezzlement of the debtor that causes losses to the debtor, after being declared bankrupt by a judge is a criminal act of embezzlement regulated by Article 372 of the Criminal Code and Article 400 paragraph (1) of the Criminal Code, because the fulfillment of the criminal elements is fulfilled. (2). Obstacles faced, Uncooperation of the insolvent debtor in carrying out legal proceedings due to the lack of level of legal awareness possessed by the insolvent debtor. To overcome this, the bankrupt debtor should comply with the contents of the decision of the Supreme Court case Number 2K / Pdt.Sus-Pailit / 2019 willing to submit the legality of access to the curator team that will resolve, and as a good Indonesian citizen must obey, submit, and obey the laws and laws in force in Indonesia.