Children, as the criminal in the juvenile justice system in Indonesia, are treated specifically, because children are the asset to the future of the Indonesia. In this connection, the purpose of this research is to analyze the role of the police in dealing with children as criminal through restorative justice. This research uses a normative legal research type, with the statutory analysis approach and the conceptual approach. All research materials used are primary research material in the form of the Law on the Indonesia Juvenile Justice System and secondary material is scientific writing relevant to this research issue. The result showes that the police has the important role in handling cases of children as perpetrators of the crime through Restorative Justice, namely handling cases of children with the mental guidance approach involving all components of the society.
ORIGINAL RESEARCH ARTICLE | Dec. 7, 2020
The Legal Protection for Journalism of Citizen in the Spread Corona Virus Disease 2019 (COVID-19)
Advances in technology, information and communication make it easy for citizen, especially in Indonesia to find and disseminate information on the spread of Corona Virus Disease 2019 (Covid-19), especially the emergence of the citizen journalism movement that has found a "new life", ordinary people, not journalists, it can create news and distribute it globally. Media company provides oppurtunity to broadcast and publish the news and the information derived from citizen journalism. The existence of citizen journalism has changed the role of the public, which has been the object of news or audience, to become like the professional journalist. Journalistic activity by the citizen journalism in the situation of the spread of the Corona Virus Disease 2019 (Covid-19) pandemic, it must receive legal protection as the guarantee for citizens in spreading truthful information for the public interest.
ORIGINAL RESEARCH ARTICLE | Dec. 7, 2020
Reconstruction of the Determination of Collateral Object Auction Price in Indonesia Based on Justice Value
Moh Djarkasih, Gunarto, Anis Mashdurohatun, Muhammad Ngazis
This research aim is to examine and analyze the weaknesses of the implementation of the auction execution of the object of the Mortgage especially in determining the auction price which is not yet based on Justice Value to then create a reconstruction of the execution auction of the Guarantee Rights in determining the auction price based on justice value. This research uses the method of empirical juridical approach where the data used in this study are primary data and secondary data, using qualitative analysis. The results showed that the weaknesses can be seen in Law no. 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land and Article 43 and Article 44 of the Minister of Finance Regulation No.27 / PMK.06 / 2016 concerning the Implementation Guidelines for Auction in determining the limit value made by an independent appraiser is in fact without any supervision by the supervisory agency for that and also without clear regulations regarding how to determine the auction price / auction limit value. To be able to resolve this, it is necessary to reconstruct the execution of the guarantee of the Guarantee Rights in determining the auction price based on Justice Value, namely in Article 6 and Article 20 paragraph (2) of Law No. 4 of 1996 concerning Mortgage Rights for Land and Objects Related to Land and Article 43 and Article 44 of the Minister of Finance Regulation No. the debtor and the creditor and if the auction price is not agreed upon, the settlement regarding the determination of the auction price shall be settled through the court so that the determination of the auction price can met the justice value.
ORIGINAL RESEARCH ARTICLE | Dec. 13, 2020
Reconstruction of the Legislative Authority of the Regional Representative Council in the State System of the Republic of Indonesia Based on Dignified Justice
Zainuddin, Teguh Prasetyo, Umar Ma’ruf, Muhammad Ngazis
The Indonesian Regional Representative Council (DPD) institution was formed to become a regional representative institution that aims to articulate regional interests in the context of decision-making at the national level. Expansion and merger of regions, management of natural resources and other economic resources, as well as those related to the balance between central and regional finances. The focus of this research study is what are the Implications of the Constitutional Court Decision on Strengthening the Legislative Function of the Regional Representative Council in the State Administration System of the Republic of Indonesia and How the Reconstruction of the Legislative Authority of the Regional Representative Council of the Republic of Indonesia is based on dignified justice. The paradigm used in the research is the post-positivism paradigm, where the type of research uses juridical-normative type of research, namely research that doctrinally examines the basis of rules and regulations regarding the Legislative Authority of the Regional Representative Council in the State Administration System of the Republic of Indonesia based on Dignified Justice, by conducting institutional analysis. people's representatives in legislative authority. The results of the research show that the DPD's authority in the field of legislation is indeed very weak, and efforts have also been made to strengthen it through the Constitutional Court, but the facts are still as before, therefore it needs to be rearranged through amendments to the 1945 Constitution, especially articles relating to authority. Regional Representative Council institutions, as well as regulations on the implementation of Constitutional Court Decisions, which in the end will manifest the authority of representative institutions based on Dignified Justice.
ORIGINAL RESEARCH ARTICLE | Dec. 13, 2020
Reconstruction of the Pre-Trial Decision on the Delegation and the Main Trial Process in Indonesia Based on Justice Value
H. Sunarso, Mahmutarom, Akhmad Khisni, Muhammad Ngazis
This research aim is to examine and analyze pre-trial implementation of delegation and trial of main cases based on Law Number 8 of 1981 concerning Criminal Procedure Law in Indonesia currently and How to reconstruct the policy formulation of the pre-trial decision on the delegation and trial of the main case in an effort to maximize the pre-trial function in the criminal justice system in Indonesia in accordance with the value of justice? this research uses the method of empirical juridical approach where The data used in this study are primary data and secondary data, using qualitative analysis. The results showed that the Problems that arise in the pre-trial implementation of the delegation and trial of the main case based on Law Number 8 of 1981 cannot be applied because in Article 156 paragraph (1) the Court is not authorized to hear the case, or the indictment cannot be accepted, or the indictment must be annulled, or pre-trial has been granted regarding legal or Whether or not arrest, detention, termination of investigation or prosecution, compensation and or rehabilitation for a person whose criminal case is terminated at the level of investigation or prosecution, and whether or not the determination of a suspect is valid therefore, The reconstruction of the policy formulation of the decision of the Pre-Trial against the delegation and trial of the main case is by adding a sentence (phrase) so that in order to uphold justice and legal certainty the judge has a legal basis or reason for accepting objections or the exception of the accused or his legal adviser.
ORIGINAL RESEARCH ARTICLE | Dec. 18, 2020
Performance Assessment of Local Government Organizations on Flood Disaster Prevention and Preparedness in Gunung Mas Regency
Eris Oktani Maya Sintha, Budi Suryadi, M. Riduansyah Syafari
Performance assessment requires the demands of accountability, implementation of the control functions and development needs of local government organizations in the handling and prevention of floods in the region. The method used in this research is qualitative method. Data collection techniques are carried out using participatory observations, interviews and documentation studies. Data analysis is done with descriptive techniques through three flow of activities that are one unity, namely: data reduction, data presentation and conclusion drawing. The results showed the performance assessment of the Gunung Mas District Disaster Management Agency on the prevention and preparedness of flood disasters from the aspect of understanding the auth and aspects of work accuracy tends to be many activities in the field of disaster prevention and preparedness carried out and aspects of innovation, work speed and cooperation are still minimal socialization of disaster-aware culture through simulation in the field and the lack of innovation in the field of disaster prevention and preparedness.
REVIEW ARTICLE | Dec. 29, 2020
The Role of Notaries in the Registration of the Establishment of Commanditaire Vennootschap (CV) through the Business Entity Administration System
Commanditaire Vennootschap (CV) is a non-legal entity such as a Limited Liability Company. However, the existence of a business entity does not reduce its rights, and obligations as a company recognized by the government, and business community in particular. CV is established based on the deed of the establishment made before a Notary and registered with the Minister through the Business Entity Administration System. With the provisions that the business activities of the CV must be following the 2017 Indonesian Standard Business Classification. The authority of the Notary is given by Law to make absolute evidentiary devices or tools, and therefore the authentic deed is in essence considered correct.
Scholars Middle East Publishers
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