Law and Humanity

Kewenangan Mahkamah Agung dalam Publikasi Pada Putusan Perkara Privat

Vernita Kusuma Ningrum, Hufron Hufron — Sat, 07 Dec 2024 07:40:32 SE Asia Standard Time

This study examines the Supreme Court's authority to publish rulings on private cases and its impact on individuals' privacy rights. This authority, framed by transparency and data protection principles, is grounded in the right to public information per the Indonesian Constitution and Law No. 14 of 2008. However, publishing decisions in sensitive cases, such as divorce and domestic violence, risks violating individual privacy. This research addresses the urgent need to balance transparency and privacy by analyzing the legal basis and limitations on the Court’s authority. Through normative legal methods and legislative analysis, this study reviews key guidelines, including Supreme Court Decision No. 2-144/KMA/SK/VIII/2022, to recommend privacy protections for sensitive information in judicial rulings. Findings indicate that, despite a general obligation to disclose court decisions, exceptions must be made for sensitive data to safeguard privacy, contributing to a nuanced approach to judicial transparency.

Perlindungan Tawanan Perang dalam Konflik Israel-Palestina Berdasarkan Hukum Humaniter Internasional dan Hukum Islam

Hira Syaud Jawanta — Sun, 08 Dec 2024 02:06:18 SE Asia Standard Time

This study examines the treatment of prisoners of war (POWs) in the Israel-Palestine conflict through the frameworks of International Humanitarian Law (IHL) and Islamic law. Both legal systems emphasize humane treatment for POWs; however, reports indicate severe rights violations against Palestinian detainees in Israel, including torture and inhumane conditions. Conversely, Hamas is reported to treat POWs by relatively higher standards. By integrating IHL and Islamic principles, this research provides a novel perspective on legal and ethical dimensions in POW treatment amid a prolonged conflict. Findings underscore the urgent need for enforcing humane standards to curb human rights abuses. Although based on secondary data, the study emphasizes the importance of further primary-source research and calls for enhanced international monitoring and strict adherence to IHL to ensure legal protections for POWs in active conflict zones.

Analisis Pemaafan Hakim Ditinjau dari Ringannya Perbuatan Yang Dilakukan Oleh Anak

Annisa Nur Fadillah Syahputra, Erny Herlin Setyorini — Tue, 10 Dec 2024 03:30:08 SE Asia Standard Time

Article 70 of Law Number 11 Year 2012 regulates the forgiveness of judges, but in the Explanation section, there is no more detailed provisions regarding the explanation of the article, especially on the meaning of the article. More detailed provisions regarding the explanation of the article, especially on the meaning of “the severity of the act”, thus creating legal uncertainty. The method in this writing is normative legal research with a statutory approach and Conceptual Approach. The purpose of the research is to understand and analyze what is meant by the severity of the act as the basis for the judge's consideration in giving an excuse decision. The results showed that by considering the criminal punishment against child offenders, then Article 70 of the SPPA Law, especially the phrase “the lightness of the act”, can be interpreted as a minor criminal offense.

Penegakan Hukum Pidana Terhadap Kelalaian Pengemudi Kendaraan Bermotor yang Mengakibatkan Kecelakaan Lalu Lintas

Sulanjar Tri Setiawan, Suwarno Abadi, Rihantoro Bayu Aji — Sat, 14 Dec 2024 04:44:31 SE Asia Standard Time

One of the traffic problems in Indonesia is the high number of road accidents caused by driver negligence. Therefore, law enforcement is one of the efforts to address the problem of road accidents. In current practice, traffic law enforcement does not only refer to criminal sanctions as in Law Number 22 Year 2009 on Road Traffic and Transport, but also uses restorative justice methods. This article discusses how the law is enforced in relation to traffic offences caused by the negligence of drivers who cause traffic accidents, and the obstacles in enforcing the law. This is legal research with statute and conceptual approach. The results revealed that law enforcement against negligence of motor vehicle drivers resulting in accidents is conducted with a repressive approach through restorative justice based on police discretionary authority granted through the Police Law. Specifically, the restorative justice approach is regulated through Regulation of the Chief of the Indonesian National Police Number 8 of 2021 concerning the handling of criminal acts based on restorative justice. However, its application is hindered by legal obstacles such as legal problem, law enforcers, citizen and culture. It is therefore necessary to enhance the capabilities and qualifications of law enforcement personnel in accordance with their respective areas of responsibility. This may be achieved through formal education or specialised training, with the objective of facilitating law enforcement through a restorative justice approach.

Prinsip Perlindungan Hukum Terhadap Korban Kekerasan Dalam Rumah Tangga Berdasarkan Undang -Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga

Moch. Yusuf Bachtiar, Suwarno Abadi — Sun, 15 Dec 2024 05:17:59 SE Asia Standard Time

Domestic violence (DV) represents a significant legal issue in Indonesia. Indonesia has enacted legislation, namely Law Number 23 Year 2004 on the Elimination of Domestic Violence, with the objective of providing protection for victims of domestic violence. In recent times, there has been a shift towards a restorative justice and penal mediation-based approach to resolving domestic violence cases. This article will examine the legal protection of victims of domestic violence in accordance with the aforementioned legislation, as well as the settlement of domestic violence cases through penal mediation at Surabaya Police Station. This is legal research with statute and conceptual approach. The results revealed that the legal protection granted to victims of domestic violence through Law Number 23 Year 2004 on the Elimination of Domestic Violence encompasses three forms of protection are as follows: 1.) external protection, 2.) legal protection through repressive action and 3.) curative protection. Criminal acts of domestic violence are settled through penal mediation and restoratife justice at the Surabaya Police Station. Currently, two criminal offence settlements are based on the National Police Chief Regulation. It is recommended that penal mediation and restorative justice be regulated in the form of rules in the form of laws in the future.