Jurnal Analisis Hukum

Legal Protection for Women Victims of Rape in the Criminal Justice System

Adriyanti Adriyanti — 2022-06-30

Attention and protection of the interests of victims of the crime of rape either through the criminal justice process or through certain social care facilities is an absolute part that needs to be considered in criminal law policies and social policies, by executive, legislative and judicial institutions as well as by existing social institutions. The purpose of writing is to know the treatment of victims of rape in the criminal justice system. What efforts can be made to provide legal protection for victims of the crime of rape. The approach used in this research is a normative juridical approach, namely the research carried out refers to the legal norms contained in the legislation and court decisions as well as norms that apply in the community or also concerning the habits that apply in the community. The results of this study are known to law enforcement officers in providing services and protection to victims, should be guided by a sense of humanity, and in cases of rape not only use the basis, but equally use the Criminal Code Law outside the Criminal Code (not using one chapter accusations). Efforts that can be made to provide legal protection to victims of the crime of rape (a) provide a Special Service Room (RPK) (b) provide capable assistance (c) After the perpetrator is sentenced by a judge, the victim is entitled to protection which includes: legal advice, and/or obtain temporary living expenses assistance until the end of the protection period.

Settlement of Nonperforming Loan in the Credit Agreement at PT. Bank Perkreditan Rakyat LPN Sungai Rumbai

Siti Anisa Siregar — 2022-06-30

Non Performing loans not handled properly will have a bad impact on the Bank, resulting in disrupted cash inflows, lost business opportunities, reduced resource allocation, and material losses. In granting credit there are several bad loans because the debtor does not carry out his obligations properly. This study aims to determine how the settlement of nonperforming loans at PT. BPR LPN Sungai Rumbai; how to minimize the occurrence of bad loans at PT. BPR LPN Sungai Rumbai; PT. BPR LPN Sungai Rumbai in solving bad credit problems. The research method that the author uses in this paper is a sociological juridical research method or an empirical juridical research method. The data used are primary data obtained through interviews and secondary data obtained through document studies. Data analysis was carried out qualitatively. The results of the study are the Settlement of bad loans at PT. BPR LPN Sungai Rumbai is quite good; Efforts to minimize the occurrence of bad loans at PT. BPR LPN Sungai Rumbai is less than optimal because it only anticipates early but does not pay attention to collateral for prospective debtors before disbursing credit; Barriers to PT. BPR LPN Sungai Rumbai in solving the problem of bad credit is the lack of communication from the debtor to the creditor and the problem of auctioning collateral. In conclusion, the settlement of bad loans at PT. The BPR LPN Sungai Rumbai has reached its maximum, as can be seen from the small number of bad loans in the last three years.

Comparison of Sexual Gratification in Corruption Crimes in Perspective of Legislation in Indonesia and Singapore

Muhammad Ikhwan — 2022-06-30

Sexual gratification is a new mode of corruption in Indonesia, whether sexual gratification received by civil servants or state officials can be categorized as gratification and become a criminal act of corruption. Therefore, the problem raised in this study is how are the arrangements, similarities and differences in sexual gratification in Indonesia and Singapore. This type of research is juridical normative using a statutory approach, case approach, comparative approach, and conceptual approach. Based on the research results, it can be concluded that the word "other facilities" can be interpreted broadly, so that sexual services can be categorized as gratification, which is a form of corruption. However, it must also comply with the elements of Article 12 B of Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. Meanwhile in Singapore, which also does not explicitly state that the provision of sexual services is a crime of gratification, but in practice, the judge has the courage to sentence the perpetrator of sexual gratification by expanding the meaning of gratification contained in the Prevention of Corruption Act (Chapter 241). Law enforcers can use the interpretive method in handling cases of sexual gratification that occur, namely the extensive, historical, and comparative interpretation methods

Analysis of the Decision of the Constitutional Court Number 36/PUU-XV/2017 Regarding the Right of Inquiry According to the Perspective of Islamic Law

Ainul Badri — 2022-06-30

The decision of the Constitutional Court Number 36/PUU-XV/2017 regarding the right to inquiry has drawn protests from the public, starting with the House of Representatives (DPR) issuing the right of inquiry to the Corruption Eradication Commission (KPK), the debate about the validity of the right of inquiry and the occurrence of dissenting opinions from judges. MK. The purpose of this study is to explain and analyze the decision of the Constitutional Court Number 36/PUU/XV-2017 regarding the right of inquiry related to the reasons why the Constitutional Court judges issued decisions in the perspective of al-maṣlaḥah al-mursalah. This research is a literature research (library research) which is descriptive-analytical. The results of this study are the occurrence of dissenting opinions of the judges, 5 judges rejected the lawsuit of judicial review and 4 judges accepted the lawsuit of judicial review of the plaintiffs. The Constitutional Court judges who agreed with the reason that the right of inquiry was to keep the KPK not only strong in carrying out its main functions, paying attention to all legal provisions, human rights and applying the principles of transparency and correct accountability in governance, including related to the use of the budget. Second, the Constitutional Court's decision Number 36/PUU-XV/2017 sees the reason that the Constitutional Court judges who agree with the right of inquiry are more beneficial than harmful and do not conflict with the concept of al-maṣlaḥah al-mursalah.

Implementation of the Issuance of Environmental Permits Based on Government Regulation Number 27 of 2012 concerning Environmental Permits in Solok Regency

Yulva Mulyeni — 2022-06-30

Research on the implementation of the Issuance of Environmental Permits According to PP No. 27 of 2012 concerning Environmental Permits is research that focuses on the realization of the implementation or implementation of a policy in issuing environmental permits. The basis of this research is that not all businesses in Solok Regency have environmental management documents and law enforcement is still weak and there are no firm sanctions for businesses that have not implemented environmental management. This study uses a sociological juridical approach and data analysis using descriptive analysis. Based on the results of the study, it can be concluded that the implementation of the issuance of environmental permits based on PP No.27 of 2012 concerning environmental permits related to the recommendation of UKL-UPL documents, has been carried out in accordance with the Implementation of the Issuance of UKL-UPL Documents in Solok Regency, but has not run optimally due to non-compliance factors company against existing rules.

Establishment of a Special Judicial Body for Settlement of Disputes on the Results of Regional Head Elections Based on Legislations

Okti Aditia WIrawan — 2022-06-30

This study aims to determine and analyze how the formation of a special judiciary body for dispute resolution over regional head elections based on statutory regulations. The formulation of the problem in this study is to determine how the form of a special judicial body as a judicial body that is formed to resolve disputes over the results of regional head elections and to find out how the authority of a special judicial body is to resolve regional head election disputes. This research method is juridical normative, while the research results obtained are: 1). The formation of the Special Courts for Regional Head Election is regulated by Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning Stipulation of Government Regulations in of Law Number 1 of 2014 concerning Elections of Governors, Regents and Mayors into Law. This law does not clearly regulate the form of the special court. So based on the results of this research that a special judicial body can be formed under the Supreme Court and within the State Administrative Court. Election will be completed by a special court. However, in the development of this special court, it is better to resolve all election disputes and elections not including election result disputes, where the resolution of dispute over election results remains the authority of the Constitutional Court, while the resolution of election disputes, election disputes and dispute over election results is handled by a special court through several dispute room.