Pengaruh Penjatuhan Sanksi Terhadap Pelaku Tindak Pidana Persetubuhan Anak Pada Putusan Nomor 4/Pid.Sus-Anak/2022/PN.Lbo
(Nurfadhila Apriliani Mohamad, Lisnawaty W. Badu, Julisa Aprilia Kaluku)
DOI : 10.62383/amandemen.v1i3.299
- Volume: 1,
Issue: 3,
Sitasi : 0 04-Jun-2024
| Abstrak
| PDF File
| Resource
| Last.02-Aug-2025
Abstrak:
This research aims to analyze the effect of imposing sanctions on perpetrators of the crime of child sexual intercourse in decision number 4/pid.sus-anak/2022/PN.Lbo. This research is normative research by dissecting problems related to rules or norms, principles and regulations as well as court decisions, and analyzed descriptively. The research results show the factors that influence the judge in handing down decision number 4/Pid.Sus-Anak/2022/PN.Lbo regarding the crime of child sexual intercourse, seen from both juridical and non-juridical aspects, which pay attention to the charges given by the public prosecutor, the facts of the trial and is based on two valid pieces of evidence, namely the testimony of the witness and the defendant. Non-juridical considerations are that the perpetrator admits his actions and mistakes, promises not to repeat them; the perpetrator has never been convicted and makes a statement that he will be responsible for what he did; and act kindly and politely during the trial. Therefore, judges in examining sexual relations cases must be more proportional and prioritize conscience, especially in terms of providing protection to victims, considering the long-lasting effects on the future of children and the nation. Parents are expected to increase supervision and vigilance towards their children, especially girls so that they do not become victims of criminal acts. Apart from that, society and the government are expected to maximize the role and function of protecting children as the next generation
|
0 |
2024 |
Analisis Putusan Tindak Pidana Pemerkosaan Pada Anak Di Bawah Umur
(Syifah Aziza Ismail, Lisnawaty W. Badu, Julisa Aprilia Kaluku)
DOI : 10.62383/amandemen.v1i3.300
- Volume: 1,
Issue: 3,
Sitasi : 0 04-Jun-2024
| Abstrak
| PDF File
| Resource
| Last.24-Jul-2025
Abstrak:
This research aims to analyze the Decision of the Limboto District Court Number: 115/PID.sus/2022/PN.LBO concerning the Crime of Rape. This research is normative research with a statutory approach and a case approach, which is analyzed descriptively. The research results show that Decision Number 115/Pid.Sus/2022/Pn.Lbo is viewed from the aspect of certainty, namely, the decision does not reflect the principle of legal certainty. Considering that Article 81 (Paragraph 3) imposed in the indictment and verdict carries a penalty of 15 years in prison plus 1/3, the defendant should be subject to a sanction of 20 years in prison. Meanwhile, the prosecutor demanded 14 years, which the judge then reduced by giving a sanction of only 11 years in prison. Discussing the element of certainty is not just a moral demand, but factually it characterizes actual law and is based on the constitution, namely Article 1 Paragraph 3 of the 1945 Constitution of the Republic of Indonesia, where Indonesia is a rule of law state. Apart from that, the principle of legal certainty is said to have not been fulfilled, because the judge in giving his decision was not guided by Article 64 paragraph (1) of the Criminal Code. Furthermore, laws are essentially made and must not give rise to doubt, so as not to conflict with the objectives of the norm itself. Legal certainty refers to the consistent application of law where its implementation cannot be influenced by subjective circumstances.
|
0 |
2024 |
Faktor Penyebab dan Upaya Penanggulangan Tindak Pidana Penggelapan Kepemilikan Hak Atas Tanah
(Azelchie Caroline, Lisnawaty W. Badu, Nuvazria Achir)
DOI : 10.62383/amandemen.v1i3.245
- Volume: 1,
Issue: 3,
Sitasi : 0 23-May-2024
| Abstrak
| PDF File
| Resource
| Last.02-Aug-2025
Abstrak:
This research aims to analyze the factors that cause criminal acts of embezzlement of ownership of land rights. 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 the factors that cause criminal acts of embezzlement of ownership of land rights include economic factors, lack of the concern of land owners regarding the wealth they own, the ignorance of the victim's heirs regarding land ownership, the current high price of land has resulted in people starting to look for their land, as well as the factor of selling or exchanging land at that time using a belief system, resulting in the transfer of land rights. there is no evidence of the land. Overcoming criminal acts of embezzlement of ownership of land rights in three ways: preemptive efforts, preventive efforts and repressive efforts, namely by taking more potential steps to avoid conflicts in the land sector..
|
0 |
2024 |
Kedudukan Suntik Mati Terhadap Terpidana Mati Dari Perspektif Hak Asasi Manusia
(Rafliansyah Manti, Lisnawaty W. Badu, Jufryanto Puluhulawa)
DOI : 10.51903/perkara.v2i1.1704
- Volume: 2,
Issue: 1,
Sitasi : 0 24-Jan-2024
| Abstrak
| PDF File
| Resource
| Last.23-Jul-2025
Abstrak:
The aim of this research is to legally analyze the procedures for implementing the death penalty in Indonesia from a human rights perspective. Apart from that, it discusses the type of execution of the death penalty by injection by considering the method of carrying out the death penalty against the perception of justice and humanity. The type of research used by researchers in preparing this research based on the phenomenon being studied is juridical research or normative legal research. The method used uses 2 types of approaches, namely using a statutory approach or what can be called a Statue Approach and a Conceptual Approach.The results of the research show that the existence of the death penalty, which is a very frightening type of crime, raises pros and cons in society, so that the electability of the death penalty is debated to this day. However, it is not only about the existence of the death penalty but the implementation/method used in the execution of death row convicts, carried out by being shot to death, is regulated in Law No/2 Presidential Decree of 1964 concerning procedures for carrying out the death penalty which is considered to be torturous and it looks very cruel, in contrast to countries that have implemented executions using lethal injection which is considered an easier method. This is based on the purpose of euthanasia (lethal injection), namely a way to end a person's life in a peaceful and painless way.
|
0 |
2024 |
Penerapan Undang-undang Nomor 32 Tahun 2009 Pasal 109 Tentang Perlindungan Dan Pengelolaan Lingkungan Hidup
(Bara Firmansyah, Fenty Puluhulawa, Lisnawaty W. Badu)
DOI : 10.51903/perkara.v2i1.1672
- Volume: 2,
Issue: 1,
Sitasi : 0 19-Jan-2024
| Abstrak
| PDF File
| Resource
| Last.23-Jul-2025
Abstrak:
This research aims to determine the effectiveness of ownership of operational permits for wastewater disposal installations as factors inhibiting this effectiveness in the Randangan District Health Center. This research is a sociological or empirical study, with the aim of presenting as complete data as possible regarding the effectiveness of permit ownership for Community Health Centers in Randangan District, as stated in Law Number 32 of 2009. The types of data used include primary data and secondary data, and the data collection techniques used are field research and literature study. Based on the research in the results of the discussion, conclusions are drawn; Firstly, the Motolohu Community Health Center in Randangan District has been operating an IPAL since 2017 but until 2023 it has not received a permit from the Pohuwato Regency Environmental Service, even though according to the regulations, IPALs that have been operated must have a permit. Second, factors that hinder effectiveness include legal factors, law enforcement factors, legal advice and facilities, and community factors.
|
0 |
2024 |
Faktor Penghambat Kepolisian Resor Gorontalo Dalam Penanganan Dugaan Kepemilikan Batu Hitam Yang Ditemukan Di Kecamatan Pulubala
(Nurmala Unti, Lisnawaty W. Badu, Jufryanto Puluhulawa)
DOI : 10.59581/doktrin.v2i2.2556
- Volume: 2,
Issue: 2,
Sitasi : 0 12-Jan-2024
| Abstrak
| PDF File
| Resource
| Last.02-Aug-2025
Abstrak:
The Indonesian government requires a Mining Business License (IUP) for mining activities as regulated in Law Number 3 of 2020 concerning Mineral and Coal Mining (UU Minerba). The discovery of black stones in large quantities and indications of being the result of illegal mining activities is a serious problem that must be handled properly. In uncovering cases of ownership of mining products, police efforts are very important in uncovering networks of perpetrators of violations in the mining sector. The problems raised in this research are: What factors hinder the Gorontalo Resort Police in handling allegations of ownership of black stones found in Pulubala District. This research is directed at empirical legal research and the approach used in this research uses a statutory regulation approach and a case approach. This research was carried out at Gorontalo Police. The research results show that the inhibiting factors in handling allegations of black stone ownership in Pulubala District are limited personnel in the police Tipidter unit, the number of cases exceeding personnel capacity, limited time, budget for investigations, lack of cooperation from witnesses and suspects, as well as a lack of facilities and infrastructure. in carrying out the investigation process.
|
0 |
2024 |
Faktor Penghambat Pelaksanaan Rehabilitas Anak Pengguna Narkoba Di Lembaga Pembinaan Khusus Anak
(Verawati Ismail, Lisnawaty W. Badu, Nuvazria Achir)
DOI : 10.59581/doktrin.v2i2.2522
- Volume: 2,
Issue: 2,
Sitasi : 0 09-Jan-2024
| Abstrak
| PDF File
| Resource
| Last.02-Aug-2025
Abstrak:
This research discusses the Implementation and Inhibiting Factors of Rehabilitation of Children as Drug Users at the Gorontalo Children's Special Development Institution. The method used in the research is empirical with qualitative descriptive data analysis which describes and describes data and facts in the field. Based on the results of the research, the implementation of rehabilitation for children as drug users at the Gorontalo Province Special Child Development Institute is carried out through several stages, namely medical rehabilitation which begins with assessments and interviews as well as observations to examine the body and psychology in order to obtain information and history of narcotics addicts as supporting material for subsequent therapy. After the assessment, the next step is a routine examination process every 2 weeks by a health team or doctor, and administering medication according to the type of drug and the severity of the symptoms caused; Non-medical rehabilitation by carrying out a mental (spiritual) development process which is carried out routinely every day, in collaboration with religious foundations; and Social Rehabilitation by creating groups consisting of several people who have the same problem, then training in their skills to make work or crafts that have (economic) value. The Inhibiting Factors for Implementing Rehabilitation for Children who Use Drugs at the Gorontalo Province Special Development Institution for Children are limited human resources for officers; Limited Operational Funds; limited facilities and infrastructure, and lack of community support.Therefore, LKPA should continue to increase efforts to develop children so that they do not do similar things again in the future, by preparing rehabilitation infrastructure, including increasing competent and professional assistant staff. The community, especially families, must continue to provide full support for the process of coaching their children who are dealing with legal processes such as drugs, for the sake of the future of the nation and state.
|
0 |
2024 |