Mahadi: Indonesia Journal of Law

Legal Analysis of Case Handling Against Children Who Commit Abuse

Fri, 28 Feb 2025 00:00:00 +0700

This article aims to provide an overview of the justice system for juvenile offenders of violent crimes. Criminal acts are not just committed by grownups but the perpetrator can also be a child. Child are the golden generation for the nation and state, for that children need attention, protection and coaching to ensure their growth and development, mindset, mentality and behavior. Aggressive behavior in children often stems from children's habits in the use of mobile phones that contain video games that refer to violent games. The event that often occurs today is the crime of persecution where the perpetrator is a child. The factor of acts of abuse committed by children is an action taken by children to express their disappointment with the victim which results in physical violence which often results in injuries, disabilities, and even death. This study identifies the procedure for giving demands for cases of abuse committed by children. The prosecution carried out by the child prosecutor is first pre-prosecuted to the child offender, the child prosecutor can track the investigation's development ultimately, public prosecutor obtains an investigation file that has been first finished the investigator will order to subsequently make an indictment and then can be given to the court the process of resolving instances of child abuse indonesia's court system. Instances of child abuse in indonesia's court system. Juvenile justice can use restorative justice and diversion takes place on the basis of the idea that responses and responses to children's criminal behavior in terms of abuse will not be effective nothing community's and involvement of victims, perpetrators. If it turns out that these two methods cannot be carried out, then a trial in court is the last way and effort that must be taken as a last resort.

Women's Activities In Anticipation Of The Traps Of Illegal Online Loans In The District Area Of Medan City

Idha Aprilyana Sembiring, Tri Murti Lubis — Fri, 28 Feb 2025 00:00:00 +0700

In the digital era, women are becoming more professional in using digital technology including digital financial services. In fact, not all online financial services have a good impact, such as illegal online loans that often harass women and lead to extortion, loan sharking and defamation. It occurs because of the ignorance of the public, especially women, regarding the risks of illegal online loans, both legally and economically. Persuasive effort is needed, through a community service activity held in Medan Kota District and inviting women who live there. Community service is using the Participatory Rural Appraisal method. It began with a pre-test to find out the extent of knowledge of 20 women and 10 government officials about illegal online loans. Lectures and discussions were heldto provide legal knowledge regarding legal and illegal online loans, a discussion of its benefits and legal protections. And ended with a post test to see changes in participants' thoughts about illegal online loans. The results of all tests are the participants gained understanding and enlightenment regarding online loans in general and how to provide legal protection for victims and perpetrators of illegal online loans, so that they can avoid being trapped in illegal online loans.

Combating Commercial Sexual Exploitation Of Children In Medan City

Hanan, Suhaidi, Mahmud Mulyadi, Mahmul Siregar — Fri, 28 Feb 2025 00:00:00 +0700

The crime of commercial sexual exploitation of children has become a major issue both nationally and internationally because it is considered a gross violation of human rights. Indonesia is one of the countries that is committed to combating the commercial sexual exploitation of children. It is reported that North Sumatra is one of the senders and receivers of the trafficked children. Medan, one of the cities in North Sumatra is included in the category of sender and recipient. This is supported by the geographical location of Medan which is very strategic as the capital of North Sumatra province. Based on this, the problems discussed in this research were: 1) How to manage the child protection from commercial sexual exploitation of children in accordance with the laws and regulations in Indonesia; 2) What response to commercial sexual exploitation of children in Medan was; 3) What obstacles found in the prevention of commercial sexual exploitation of children in Medan were. This research used descriptive analytical method with juridical normative approach by describing how the commercial sexual exploitation of children (CSEC) happened and how to overcome it. The legal source materials used were primary, secondary, and tertiary legal materials. The results showed that the regulations of commercial sexual exploitation of children have been regulated generally on national and international scale. Crime prevention efforts against sexual exploitation of children in Medan was based on two approaches, penal and non-penal policy. It could be seen from the penal policy of the Court Verdicts No. 1554/Pid.B/2012/PN.Mdn and No. 2743/ Pid.B/2006/PN.Mdn in which the defendants were found guilty. But it seemed that the sentences did not meet the elements of justice. While in the non-penal policy, some efforts to prevent were applied in Medan, such as preventive and repressive supervision and handling the CSKA. There were three obstacles found in the prevention of CSEC; in terms of legislation, law enforcement officials, and culture.

Legal Discovery Through Judicial Activism By Judges In Criminal Cases

Septriono Situmorang, Nurini Aprilianda, Lucky Endrawati — Fri, 28 Feb 2025 00:00:00 +0700

In exercising the authority to decide criminal cases, Judges sometimes cannot decide proportionally according to their beliefs because they are often faced with binding to written laws that are rigid, both material and formal criminal law. So that in order to resolve disputes it is felt that Judges must play an active role in using a new rule or changing an old rule, that is where Judges create law (Judge made law) through Judicial Activism. The purpose of this study is to describe, examine, and analyze the factors underlying Judges in implementing Judicial Activism practices in criminal cases in order to ensure the upholding of the Objectives of Law, namely Justice, Benefit and Certainty. Then what obstacles are faced, and parameters or benchmarks that can be done so that Judges can implement Judicial Activism in criminal cases. This study uses a sociological juridical approach method, with the research specification being descriptive analytical. The data used in this study are secondary data, obtained through literature studies which are then analyzed qualitatively using Progressive Legal Theory and the Theory of Judicial Freedom and Legal Discovery (Rechstvinding). The results of this study are: (1). Judges' decisions that apply Judicial Activism in criminal cases at least consider several factors, including legal developments that always follow a society that moves quickly, in addition, laws or other regulations are not always complete to solve a legal case concretely, and also several other factors. (2). Obstacles that arise in the practice of Judicial Activism in criminal cases are divided into two factors, namely internal factors that originate from the personality and emotionality of the judge himself, then external factors related to the legal system of a country. (3). The solution presented is to encourage judges to use their authority as guaranteed by the Law on Judicial institution to carry out rechtsvinding and not just apply the law (rechtoepassing) through the method of legal discovery, namely the interpretation method and the argumentation method.

Proof Concept in The Concept of The Legal State

Boy Kresendo Situmorang, Sukarmi, Hanif Nur Widhiyanti — Fri, 28 Feb 2025 00:00:00 +0700

The evidentiary process plays a crucial role in procedural law, particularly in business competition trials. As a fundamental aspect of legal proceedings, evidence must be properly utilized, presented, and maintained to ensure fairness. Ideally, parties involved should have the broadest possible access to present evidence that strengthens their position. In this context, business competition laws and regulations establish evidentiary mechanisms that serve as guidelines for law enforcers, including the Indonesia Competition Commission (KPPU) and the Commercial Court, to uphold justice effectively. This study aims to examine the evidentiary framework in business competition cases, particularly addressing conflicting norms that impose limitations on the use of evidence. Using a normative legal research method, the study employs literature review and case analysis to qualitatively assess the application of evidentiary principles. The findings highlight the concept of proportional proof in business competition cases, emphasizing the principle of due process of law. The study concludes that evidence in both legal science and business competition cases must adhere to the principle of due process to ensure fairness. Evidentiary procedures at the KPPU and in objection proceedings at the Commercial Court rely on legally recognized forms of evidence, including both direct and indirect evidence, in accordance with prevailing regulations.

The Implementation of Good Corporate Governance on Employee Compliance at PT. Sri Pamela Medika Nusantara in Tebing Tinggi City

Dina Mariana, Budiman Ginting, Aflah — Fri, 28 Feb 2025 00:00:00 +0700

This study aims to examine the effect of the implementation of Good Corporate Governance (GCG) on employee compliance at PT. Sri Pamela Medika Nusantara in Tebing Tinggi. The application of GCG principles is considered crucial in enhancing the efficiency and effectiveness of company operations, particularly in the healthcare sector, which requires high ethical and professional standards. This research was conducted using a juridical-empirical approach with a descriptive-analytical method. Data for this study was obtained through interviews, literature studies, documentation, and the distribution of questionnaires. The collected data were then analyzed using a qualitative descriptive approach. The results of this study indicate that the application of GCG principles at PT. Sri Pamela Medika Nusantara has a significant impact on employee compliance. Supporting factors include a strong understanding of GCG principles, such as transparency, accountability, and fairness, which have been shown to encourage employees to comply with company policies. The commitment of the company’s management also plays a vital role in creating a work environment that supports the optimal implementation of GCG. However, inhibiting factors that may reduce the effectiveness of GCG implementation, such as employees’ lack of knowledge about applicable regulations and the company’s work culture not fully supporting GCG principles, were also identified. Moreover, non-compliance with GCG principles can have negative consequences for the company, both in terms of reputation and legal aspects. Ongoing non-compliance could lead to legal actions, including employee termination or more severe sanctions, which may affect the company’s sustainability and performance.

Clean Coal Energy: The Perspective of Environmental Law on Steam Power Plants in Indonesia

Devi Yulida, Dedy Novindra — Fri, 28 Feb 2025 00:00:00 +0700

The use of coal as a primary energy source in Indonesia has made a significant contribution to meeting the nation's electricity demand. However, coal utilization also leads to serious environmental impacts, such as greenhouse gas emissions and air pollution. Clean Coal Energy has emerged as a solution that is expected to reduce environmental impacts through the application of technologies, such as carbon capture and storage (CCS), which aim to capture and store CO2 produced during coal combustion. Nevertheless, the implementation of this technology must align with environmental regulations, both those outlined in international legal instruments and those applicable in Indonesia. This study aims to examine the concept and implementation of clean coal energy in Steam Power Plants (PLTU) in Indonesia, as well as to review environmental law perspectives related to this matter. The writing employs a juridical-normative method, with a legislative approach and a conceptual approach. The research is conducted by qualitatively examining secondary data, which includes primary legal materials and secondary legal materials. These data are then presented in a narrative text. The research findings indicate that although clean coal energy can be a temporary alternative in the energy transition, its implementation still faces significant challenges. These challenges include issues related to regulations, high investment costs, and the effectiveness of the technology in reducing environmental impacts. Therefore, more integrated policies between environmental protection and national energy policies are needed, so that this technology not only reduces carbon emissions but also supports long-term environmental sustainability.

Strengthening and Empowering Smart Parenting in Communities to Realize Gender Sensitivity and Equity in Families

Harmona Daulay, Detania Sukarja — Fri, 28 Feb 2025 00:00:00 +0700

In order to support the SDGs program which is also relevant to Presidential Instruction No. 9 of 2000 concerning Gender Mainstreaming (PUG), various efforts are needed by the government together with the community to practice social habitus to uphold gender equality and justice. Parents (Parenting) provide affection, protection, socialization and so on. This parenting role provides an overview of parents ideally carrying out parenting roles with knowledge of educating children, social insight, PUG insight and gender equality as well as legal insight. Moving from this condition, the community service team sees the importance of strengthening and empowering the parenting community to be given insight and knowledge of gender sensitivity and various laws and regulations related to the role of parents and children's rights in the family. This is assumed to be an effort to take preventive action against events and legal consequences so that they can be prevented as early as possible. Partnering with Ranggi Literacy House which carries out various parenting strengthening in communities that are marginalized communities. the implementation of community service is carried out by providing insight into gender sensitivity, socialization and gender justice education sociologically in the practice of habitus and combining this legal insight where this is a basic right for children to receive legal protection.

How Can Legal Politics Advance Environmental Justice? A Case Study of Illegal Sea Sand Mining in Babi Island, Karimun, Riau Islands

Aji Baskoro — Fri, 28 Feb 2025 00:00:00 +0700

Illegal sea sand mining poses significant challenges to environmental justice, particularly in Indonesia’s coastal regions. This research is motivated by the urgency to understand and evaluate legal policies to address the complexities of issues arising from sea sand mining activities. The study explores how environmental legal policies are applied to regulate and mitigate the impacts of illegal sea sand mining. Additionally, it examines the consequences of illegal mining on environmental justice, particularly concerning coastal ecosystem degradation and the livelihoods of local communities. Despite the existence of regulatory instruments such as Government Regulation No. 26 of 2023 on Marine Sedimentation Management and Law No. 32 of 2009 on Environmental Protection and Management, enforcement remains inadequate, allowing persistent violations that exacerbate ecological damage and social inequities. This study employs a normative legal method with a statutory and case study approach, analyzing secondary data from legal documents, academic literature, and media reports. Thematic, policy, and case analyses reveal significant implementation gaps, weak enforcement mechanisms, and insufficient community participation in environmental governance. The findings indicate that while existing legal frameworks provide a foundation for sustainable resource management, systemic weaknesses and fragmented governance hinder their effectiveness in preventing illegal activities. This research recommends strengthening regulatory enforcement, enhancing community empowerment through environmental education, and integrating sustainability principles into policy implementation. Additionally, fostering multi-stakeholder collaboration is crucial for addressing governance challenges and ensuring the equitable distribution of environmental benefits and risks. These strategies aim to promote environmental justice and sustainable coastal management in Indonesia.

The Implementation of Tax Expenditures in Indonesian Tax Law: Evaluating Impacts on MSMEs and Economic Justice

Muhammad Rudy Aqbar, Annisa Hafizhah, Ari Wijayanto — Fri, 28 Feb 2025 00:00:00 +0700

Tax expenditure policies, such as the 0.5% Final Income Tax rate stipulated by Government Regulation No. 23 of 2018, aim to foster the growth of Micro, Small, and Medium Enterprises (MSMEs) by reducing their tax burdens. These policies have shown positive impacts, particularly in improving tax compliance and alleviating the fiscal burden of MSMEs. However, challenges remain, including low tax literacy, bureaucratic complexities, and geographical disparities that hinder smaller and remote MSMEs from accessing these benefits. This paper examines how such policies align with human rights principles, such as the right to decent work and equitable economic access, while offering recommendations to ensure more inclusive implementation. By enhancing tax literacy, simplifying bureaucracy, and extending incentives to underserved MSMEs, tax expenditure policies can serve as an effective instrument to promote economic justice and sustainable development.