ORIGINAL RESEARCH ARTICLE | May 17, 2023
Legal Reconstruction on Reasons for Filing Divorce due to Acts of Household Violence Based on Justice Value
Mulida Hayati, Anis Mashdurohatun, Sri Endah Wahyuningsih
Page no 257-262 |
DOI: 10.36348/sijlcj.2023.v06i05.001
Marriages carried out between husband and wife, sometimes cannot run as the purpose of marriage. If it cannot be maintained, then the path taken is divorce. In Article 19 Paragraph (4) states that the reason that can be used in filing for divorce is that one party commits cruelty or severe abuse that endangers the other party which is also a form of domestic violence and can be the cause of disputes and conflicts that occur in the household. Acts of domestic violence are not limited to physical violence in the form of abuse such as: slapping, hitting, kicking and even killing. As for the form of persecution that is psychological or psychological violence. Research Objectives: To analyze what are the current weaknesses in the Regulation on Reasons for Filing Divorce Due to Domestic Violence; To find out how to reconstruct the Law on Reasons for Filing Divorce Due to Domestic Violence based on justice. The research method uses the Constructivism Paradigm with non-doctrinal legal research with an empirical juridical approach. The study results show that (1) Weaknesses in the Regulation on Reasons for Filing for Divorce Due to Domestic Violence. Weaknesses in a legal substance: Elucidation of Article 39 Paragraph (2) of the Marriage Law and Article 19 letter d of Government Regulation 9 of 1975 only provides rules for physical violence. Weaknesses in the legal structure: The weak mentality of law enforcement officials results in law enforcement not working as it should. Weaknesses in legal culture: Domestic violence is a problem that is closely related to gender bias which is common in patriarchal societies. (2) Reconstruction of Regulations on Reasons for Filing Divorce Due to Acts of Domestic Violence. The formulations in Article 39 Paragraph (2) and the Explanatory Articles of the Marriage Law do not contain forms other than physical violence, such as psychological violence and sexual violence.
ORIGINAL RESEARCH ARTICLE | May 17, 2023
Legal Reconstruction of Criminal Sanctions for Criminal Acts of Sexual Violence Based on Nias Custom Value of Justice
Gunarto, Hepy Krisman Laia, Sri Endah Wahyuningsih
Page no 263-270 |
DOI: 10.36348/sijlcj.2023.v06i05.002
This research is motivated by the regulation of criminal sanctions against criminal acts of sexual violence based on the value of sexual justice based on the value of customary justice in Nias. Indonesia based on Article 18B of the Constitution of the Unitary State of the Republic of Indonesia recognizes and respects customary law units along with their traditional rights as long as they are still alive and by the development of society and the principles of the unitary state of the Republic. Indonesia, for this reason, in cases of criminal acts of sexual violence that occurred in Nias, justice must also be paid attention to, which originates from Nias customary law. This study aims to analyze and find the main points of regulation of criminal sanctions against crimes of sexual violence, which originate from the value of sexual justice on Nias customary justice values. This research is normative juridical research with statutory and conceptual approaches. The results of this study indicate the current weaknesses in the regulation of criminal acts of sexual violence, so it is necessary to update them. In addition, it cannot also let go of the role of society and culture in this matter. These two things play a role in shaping the public's view of cases of sexual violence. Reconstruction of regulations on sanctions for crimes of sexual violence stems from the justice values of Pancasila concerning customary law in Nias.
REVIEW ARTICLE | May 27, 2023
The Role of Environmental Impact Assessment as a Tool that Aids Decision Making in Achieving Sustainable Development: Perspectives on its Evolution in Cameroon
Sanga Evaristus Nkoh
Page no 271-285 |
DOI: 10.36348/sijlcj.2023.v06i05.003
The objective of this article is to conduct a critical reflection on the role of EIA as a tool that aids decision making in achieving sustainable development. Despite the fact that there is a host of legal and institutional mechanisms ranging from global, regional, sub regional right down to the national level that regulate environmental policies in Cameroon, sustainable development is still a major challenge to policy makers. The major problem that Cameroon is facing is that of implementation of the available legal instruments coupled with the institutional problems that are mostly characterized by overlapping of functions, corruption, nepotism, mediocracy, irrelevant administrative tolerance among others, thus making it difficult to apportion blames on any institution that fails to carry out its task. Broadly based on the reading of records, interviews as well as observation as main research methods, the results obtained are to the effect that there is an antagonistic relationship between economic development and environmental protection in Cameroon. This is against the backdrop of the fact that proceeds that are gotten from the exploitation of natural resources in Cameroon are hardly redeployed for the purposes of environmental protection to be able to stabilize the rate at which the environment is degraded during such exploitation. The study reveals that sometimes the results of EIA are not respected. Among the plethora of recommendations made, it is recommended that special attention should be given to the ESIA such that any results that come from such an assessment should be respected.
REVIEW ARTICLE | May 30, 2023
The Sustainability of Industrial Logging under Gabonese Environmental Laws
Ebenezer Che Chibikom
Page no 286-300 |
DOI: 10.36348/sijlcj.2023.v06i05.004
The importance of forests in supporting millions of livelihoods in the world cannot be over emphasized. In Gabon like in all the other Countries of the Congo Basin Forests, forestry exploitation is carried out under the concession regime but with considerably diminished European interests as opposed to Asian conglomerates gaining grounds particularly the Chinese. Indeed, the emergence of Sino-Indian rivalry in the forest sector in Gabon is emerging. The State of Gabon, being one of the principal stakeholders in the protection of forests on its national territory has enacted forest protection legislation and equally erected a forest perseveration institutional framework. Inspite of these laudable efforts, forest loss particularly emanating from mechanized logging is still going on. As such, the very existence of Gabonese forests which constitute an integral part of the greater Congo Basin Forests is seriously threatened. Through a content analysis of primary and secondary data, this article thus reviews how the plethora of legislative and institutional frameworks put in place to check logging at a large scale have been implemented and enforced to ensure the continuous existence of the forest. The findings of this study reveal that Gabon has a great forest potential per km2 of its 267.667km2 surface area that is very diversified and harbours a very rich and endemic biological diversity. Hence, the need for its protection for humanity’s sake is imperative.
ORIGINAL RESEARCH ARTICLE | May 31, 2023
Legal Reconstruction of Trafficking Victim Protection Based on Justice Value
Gunarto, Jainah, Anis Mashdurohatun
Page no 301-308 |
DOI: 10.36348/sijlcj.2023.v06i05.005
The development of computer technology and the internet provide implications-the implications are significant in the settings and the establishment of regulations in cyber space and cyber laws as well as to the development of crime in cyberspace or often referred to as cybercrimes. Of the various things that need to be emphasized that the internet was not initially designed for tracking and tracinguser behavior, but it is designed for the needs of the military in the face of war the world at that time. Normatively, with the establishment of Law Number 11 Year 2008 On Information and Electronic Transactions as new rules that apply, and all the population is considered to have been knowing. Adoption of the Law on Information and electronic transactions against cybercrime. In the era of industrial Revolution 4.0 is the current utilization of the technology, the more massive the better government agencies, private companies, national banking, center for research and society. Sociological research empirical, then studied at first is secondary data, to then proceeds with the research on primary data lapangam or to the community. The author will give an overview first the definition and the classification of crime is cybercrime, the perpetrators and victims of form and modus operandi as well as how the public reacts to kejehatan cybercrime such. Cybercrime is a criminal activity in the virtual world with a network utilizing the computer as a tool and a network of the internet as a medium. In a broader sense, cybercrime is all the illegal actions committed through a computer network and the internet to get advantage by harming the other party. Then in the narrow sense, cybercrime are all illegal actions that are intended to attack computer security systems and the data processed by a computer system.
ORIGINAL RESEARCH ARTICLE | May 31, 2023
Legal Reconstruction of the Prosecutor Authority in the Settlement of Juvenile Crime Based on Pancasila Restorative Justice
Benny Kurniawan Fitrianto, Eko Soponyono, Jawade Hafidz
Page no 309-316 |
DOI: 10.36348/sijlcj.2023.v06i05.006
Oversight of the case settlement process using a restorative justice approach and the implementation of the resulting agreement rests with the direct supervisor of the responsible official at each level of examination. As long as the restorative justice process takes place and after restorative justice is carried out, social counselors are required to provide guidance and supervision. If the restorative justice agreement is not carried out within the time specified in the agreement, the social adviser immediately reports to the responsible official. The approach method used in this study is the juridical-normative research method, which is a research method that examines secondary data (data that has been documented). The results of this study are (1) Weaknesses of restorative justice policies in cases of children as perpetrators of crimes are Weaknesses in Legal Substance is Article 7 of the Juvenile Criminal Justice System Law which explains the implementation of diversion at the level of investigation, prosecution, and examination of child cases in District Court. The weakness of the legal structure is that law enforcement officials, especially the National Police, who are part of the criminal justice subsystem, are required to seek settlement of child cases as perpetrators of crimes through restorative justice. The weakness of the Legal Culture is the low level of public understanding in terms of understanding the investigation process through diversion, where often the parties (perpetrators and victims) ask for diversion even though the formal requirements for diversion are not fulfilled/the threat is more than 7 years and is a repetition of a crime. (3) Reconstruction of Article 140 (2) letter (a) by adding a termination of prosecution based on the concept of restorative justice.
ORIGINAL RESEARCH ARTICLE | May 31, 2023
Reconstruction of the Law on Legality of Post-Marriage Agreements Based on Justice Values
Gunarto, Yenny Ika Putri Hardiyani Wati, Anis Masdurohatun
Page no 317-322 |
DOI: 10.36348/sijlcj.2023.v06i05.007
This study aims to analyze and find the current implementation of post-nuptial marriage agreements, to analyze and find the legal standing of marriage agreements made after marriage to third parties (Post-Decision of the Constitutional Court Number. 69/PUU-XIII/2015), to find reconstruction the validity of the marriage agreement after marriage. This research is included in the socio-legal research tradition. Socio-legal research examines the application of legal principles or norms by using legal and social science approaches. Weaknesses in the implementation of the post-nuptial agreement at this time are the weakness in the absence of post-nuptial agreement arrangements, the weakness that there are opportunities for misuse of the situation by the parties in the post-wedding agreement; as well as the weakness in the form of a culture of society that only realizes the importance of the marriage agreement after the marriage takes place. The reconstruction carried out is to add Article 185A of the Civil Code which states that the provisions referred to in Article 155 to Article 185 also apply to marriage agreements made after and in marriage.
ORIGINAL RESEARCH ARTICLE | May 31, 2023
Legal Reconstruction of Government Responsibility in Mental Disorder Rehabilitation Based on the Dignified Justice Value
Muhammad Ngazis, Henny Rosita, Teguh Prasetyo, Sri Endah Wahyuningsih
Page no 323-328 |
DOI: 10.36348/sijlcj.2023.v06i05.008
One of the phenomena that indicate that there are still social problems today, among others, can be seen in the many people with mental disorders can cause suffering and obstacles in carrying out people's functions as human beings. This study aims to analyze the regulation of the Government's responsibility in the rehabilitation of people with mental disorders that have not been fair and dignified. This research method uses the legal positivism paradigm and the legal post-positivism paradigm with a sociological juridical approach to solving research problems. The results of the study indicate that there are weaknesses in terms of legal substance, legal structure, and legal culture related to the regulation of the Government's responsibility in the rehabilitation of people with mental disorders. Reconstruction of regulation on the Government's responsibility in the rehabilitation of people with mental disorders based on the value of dignified justice, namely by reconstructing Article 10, Article 18, and Article 25 of Law Number 18 of 2014 Concerning Mental Health.