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Children as Perpetrators of Crimes of Abuse (A Review of Restorative Justice Completion in Indonesia) 儿童是虐待犯罪的肇事者(印尼恢复性司法完成情况回顾)
Pub Date : 2023-02-20 DOI: 10.33756/eslaj.v5i1.20149
Moh Husen Alhasni
This research aims to explain the phenomenon of children as perpetrators of violent crimes and examine the restorative resolution approach in Indonesia. In recent years, there has been an increase in the number of cases of violence involving children as perpetrators in Indonesia. The existence of children as perpetrators of violent crimes raises serious concerns about the future of the younger generation and the security of society.  The research method used in this writing is Juridical Sociological research and uses a qualitative research approach that is descriptive in nature and uses interactive analysis techniques. the research findings show that the restorative resolution approach has been recognized as a more effective alternative and focuses on victim recovery, offender development, and social reintegration. Restorative resolution involves a process of mediation and dialogue between the victim, offender and the community. The results show that this approach provides space for juvenile offenders to understand and take responsibility for their actions, while victims can express the psychological and emotional impact they have experienced.
本研究旨在解释儿童作为暴力犯罪的肇事者的现象,并考察印度尼西亚的恢复性解决方法。近年来,印度尼西亚涉及儿童的暴力案件数量有所增加。儿童作为暴力犯罪的肇事者的存在引起了人们对年轻一代的未来和社会安全的严重关切。本文使用的研究方法是司法社会学研究,并使用定性研究方法,本质上是描述性的,并使用互动分析技术。研究结果表明,恢复性解决方法已被认为是一种更有效的替代方法,并侧重于受害者的康复,罪犯的发展和社会重新融入。恢复性解决涉及受害者、罪犯和社区之间的调解和对话过程。结果表明,这种方法为少年犯理解和为自己的行为负责提供了空间,而受害者则可以表达他们所经历的心理和情感影响。
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引用次数: 0
Legal Protection Model for Victims of Illegal Investment Crimes 非法投资犯罪被害人的法律保护模式
Pub Date : 2023-02-20 DOI: 10.33756/eslaj.v5i1.19917
Agus Susanto, Fenty U. Puluhulawa, Dian Ekawaty Ismail
The purpose of this study is to analyze and construct a model of legal protection for victims of illegal investment crimes.  This research is a type of normative research using several approaches, namely the statute approach,  case approach, and conceptual approach.  The analytical technique used in this study is using analytical descriptive techniques. The results showed that the legal protection model for victims of illegal investment is to reform the Money Laundering Law with an asset recovery approach to the Corruption Eradication Law. The concept contained in Article 18 of the Corruption Eradication Law is an additional crime that can be conceptualized in the provisions of the Money Laundering Law.
本文的研究目的是分析并构建一种针对非法投资犯罪受害人的法律保护模式。本研究是一种规范性研究,使用了多种方法,即法规方法、案例方法和概念方法。本研究使用的分析技术是分析描述性技术。结果表明,对非法投资受害人的法律保护模式是对《反洗钱法》进行改革,以资产追缴的方式取代《反腐败法》。《铲除腐败法》第18条所载的概念是《洗钱法》规定中可以概念化的附加犯罪。
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引用次数: 0
Prosecutor's Review of Unlicensed Drug Trafficking Prosecution 检控官对无牌贩毒检控的检讨
Pub Date : 2023-02-20 DOI: 10.33756/eslaj.v5i1.19880
Yulinda Apriliyani, Nuvazria Achir
The purpose of this research is to know and analyze about what is the impact of drug users without a permit at the Bone Bolango State Attorney. The type of research used is empirical research, using data types consisting of primary data and secondary data. Data collection techniques were carried out using interviews, observation, and documentation techniques. The results of the study show that the prosecutor's considerations in imposing criminal charges against the perpetrators in drug distribution cases without a license include objective and subjective considerations. To achieve legal certainty and the purpose of sentencing the accused. The impact of drug distribution without a permit in the Bone Bolango Region is that it is very disturbing to the community and also endangers physical, mental, and social health conditions.
本研究的目的是了解和分析在博朗戈州检察官那里没有许可证的吸毒者的影响。使用的研究类型是实证研究,使用的数据类型包括主要数据和次要数据。数据收集技术采用访谈、观察和记录技术。研究结果表明,检察官对无证贩毒案件行为人提出刑事指控的考虑包括客观考虑和主观考虑。达到法律确定性和对被告人量刑的目的。在博恩博兰戈地区,未经许可分发毒品的影响是,这对社区来说非常令人不安,也危及身体、精神和社会健康状况。
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引用次数: 0
Return of State Losses In The Investigation Process That Can Eliminate Criminal Perpetrators of Corruption 侦查过程中国家损失的返还可以消灭腐败犯罪分子
Pub Date : 2023-02-20 DOI: 10.33756/eslaj.v5i1.19935
Andi Mirzan Doda, Fence M. Wantu, Dian Ekawaty Ismail
The purpose of writing to be achieved in this paper is to know and analyze the return of state losses in the investigation process that can eliminate criminal perpetrators of corruption.  This research is a normative legal research using  the statutory approach "statute approach", the case approach "case approach", and the  conceptual approach "conceptual approach".  This study used analytical descriptive analysis techniques. The results of this study show that the return of state financial losses in the investigation stage of corruption can stop the process of handling criminal acts through police discretion. One of the elements of corruption is the element of state loss, meaning that when it has been returned, it means that the element has been lost, meaning there is no loss as a logical consequence of the Constitutional Court decision No. 25/PUU-XIV/2016. But with the condition that it must be before the investigation stage through police discretion and if it is based on  the Lex Posterior Derogate Lege Priori, meaning that the new law overrides the old  law, meaning that the new regulation ignores or overrides the old regulation in the same respect
本文所要达到的写作目的是了解和分析侦查过程中国家损失的返还,从而消除腐败犯罪行为人。本研究是运用成文法方法“规约法”、案例方法“案例法”、概念方法“概念法”进行的规范性法学研究。本研究采用描述性分析技术。本研究结果表明,在腐败调查阶段返还国家财政损失可以阻止警察自由裁量权处理犯罪行为的进程。腐败的要素之一是国家损失要素,这意味着当它被归还时,就意味着该要素已经失去,这意味着没有损失,这是宪法法院第25/PUU-XIV/2016号决定的逻辑结果。但前提是必须在侦查阶段之前通过警察的自由裁量权,如果是基于后事法,则意味着新法律凌驾于旧法律之上,意味着新法规在同样方面忽略或凌驾于旧法规之上
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引用次数: 0
Analysis of Determination of Sanctions Against Narcotics Abusers Who Experience Mental Disorders (Study of Denpasar District Court Decisions) 对有精神障碍的麻醉品滥用者的制裁判定分析(登巴萨地区法院判决研究)
Pub Date : 2023-02-20 DOI: 10.33756/eslaj.v5i1.19844
Mohammad syahrir DJ.Pano, Fenty U. Puluhulawa, Avelia Rahmah Y. Mantali
Research findings show that the proportion of drug users who suffer from mental disorders is still very high compared to that of drug users who do not suffer from mental disorders. The reason is that the use of drugs can cause addiction, which means that users will continue to do so that which affects the central nervous system and results in mental disorders in drug users, for example in two cases in the Denpasar District Court with cases of narcotics abuse where the defendant had bipolar disorder. This study concludes that the judge's consideration includes the reasons for bipolar mental disorder as mitigating factors. In the case of abuse of narcotics, the Defendants BJJ and YAR, even though they were bipolar, still did not abolish the sentence against the two Defendants in these two different cases..
研究结果表明,与没有精神障碍的吸毒者相比,患有精神障碍的吸毒者所占比例仍然很高。原因是药物的使用会导致成瘾,这意味着吸毒者会继续这样做,这会影响中枢神经系统,导致吸毒者的精神障碍,例如在登巴萨地区法院的两个案例中,滥用麻醉品的案件中被告患有双相情感障碍。本研究的结论是,法官的考虑包括双相情感障碍的原因作为减轻因素。在滥用麻醉品的案件中,被告BJJ和YAR,即使他们是躁郁症,仍然没有废除对这两个不同案件的被告的判决。
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引用次数: 0
Analysis of the Legal Power of SKPT in Land Sale and Purchase Transactions in Paleleh District, Buol Regency Buol县Paleleh区土地买卖交易中SKPT的法权分析
Pub Date : 2023-02-20 DOI: 10.33756/eslaj.v5i1.19802
Moh. Yoenardi M. Basiman, Nirwan Junus, Sri Nanang Meiske Kamba
The purpose of this research is to find out the legal force of SKPT in land sale and purchase transactions in Paleleh District, Buol Regency. The research method used is empirical research, namely the author will seek and find information which will later be used as the substance of this research by means of observation or conducting field studies in the place that is used as the object of this research. this research is carried out in a planned and systematic manner to obtain answers to problem solving related to the problems that occur, especially regarding the existence of buying and selling transactions using Land Tenure Certificate (SKPT) in Paleleh District. The results of this research on the legal force of land ownership certificates in sale and purchase transactions in Paleleh Subdistrict, where many people in Paleleh Subdistrict conduct land sale and purchase transactions using only a Land Ownership Certificate.  This is due to the habits of people in rural areas who do not want to be complicated in thinking about the legal aspects of land sale and purchase transactions, for them it is enough just to provide receipts as proof that payment has been made.
本研究的目的是找出SKPT在Buol摄政Paleleh区土地买卖交易中的法律效力。使用的研究方法是实证研究,即作者将通过观察或在作为本研究对象的地方进行实地研究来寻找和发现信息,这些信息将被用作本研究的实质。这项研究是以有计划和系统的方式进行的,以获得解决问题的答案,这些问题与发生的问题有关,特别是关于在Paleleh地区使用土地权属证书进行买卖交易的问题。本研究的结果是关于Paleleh街道买卖交易中土地权属证书的法律效力,Paleleh街道的许多人只使用土地权属证书进行土地买卖交易。这是由于农村地区人们的习惯,他们不希望在考虑土地买卖交易的法律方面变得复杂,对他们来说,只要提供收据作为付款的证明就足够了。
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引用次数: 0
Deciphering the Causes of Dispute Settlement of the Crime of Threatening 论威胁犯罪纠纷解决的原因
Pub Date : 2023-02-20 DOI: 10.33756/eslaj.v5i1.19881
Rusnita Mopili
The purpose of this study was to find out what factors hindered the role of the police in solving criminal threats in the Bone Bolango Regency. The type of research used is empirical research, using data types consisting of primary data and secondary data. Data collection techniques were carried out using interviews, observation, and documentation techniques. The results showed that the factors that hindered the police in disclosing the criminal act of threatening were internal factors consisting of the loss of evidence, then the absence of witnesses, and the difficulty in determining the suspect because the suspect had run away, then there were also external factors, namely the lack of public awareness. 
本研究的目的是找出什么因素阻碍了警察在解决犯罪威胁方面的作用。使用的研究类型是实证研究,使用的数据类型包括主要数据和次要数据。数据收集技术采用访谈、观察和记录技术。结果表明,阻碍警方披露威胁犯罪行为的因素主要有证据缺失等内部因素,其次是证人缺失、犯罪嫌疑人逃跑难以确定等外部因素,其次是公众意识不足等外部因素。
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引用次数: 0
Analysis of Judge's Decision in Imposing Child Abuse Crime 法官对虐待儿童罪的判决分析
Pub Date : 2023-02-20 DOI: 10.33756/eslaj.v5i1.19882
H. Sauri
The purpose of this research is to know and analyze abouthow to Analyze the Decision of the Gorontalo High Court Number: 2/Pid-Sus-Anak/2020/PT Gto against children as perpetrators of criminal acts of obscenity in the city of Gorontalo and to find out what factors influence the Judge's Decision in Cases of Crime of Child Abuse in Court High Gorontalo Number: 2/Pid-Sus-Children/2020/PT Gto. The type of approach used is Normative Research where the approach used is a statute approach and a case approach. The data obtained are from literature, laws, journals, and thesis. Data analysis or data management in this study was carried out in a deductive way. The results obtained in this study indicate that the judge in imposing a sentence on the perpetrator is still contrary to the principle of proportionality. Then there are several factors that influence the judge's decision, which include: 1.) Factors originating from the judge. 2) Factors originating from the defendant.
本研究的目的是了解和分析如何分析Gorontalo高等法院编号:2/Pid-Sus-Anak/2020/PT Gto对儿童为Gorontalo市淫秽犯罪行为的犯罪人的判决,并找出影响Gorontalo高等法院编号:2/Pid-Sus-Children/2020/PT Gto的法官对虐待儿童罪案件的判决的因素。使用的方法类型是规范研究,其中使用的方法是法规方法和案例方法。数据来源于文献、法律、期刊、论文。本研究的数据分析或数据管理采用演绎的方式进行。本研究的结果表明,法官在对行为人量刑时仍然违反了比例原则。然后有几个因素影响法官的决定,其中包括:1)。源于法官的因素。(二)源于被告的因素。
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引用次数: 0
Criminological Review On The Impact Of The Abuse Of Alcoholic Beverages That Trigger Criminal Actions In The City Of Gorontalo 哥伦塔洛市滥用酒精饮料引发犯罪行为的犯罪学研究
Pub Date : 2023-02-20 DOI: 10.33756/eslaj.v5i1.20331
Putri Regina Titania Inggile
The purpose of this research is to discuss the impact of alcohol abuse that triggers criminal acts in the city of Gorontalo . The objectives of this research are: to find out what are the factors and impacts of alcohol abuse in Gorontalo City.This study uses empirical legal research methods. Empirical legal study itself is a study that views law as a reality, including social reality, cultural reality, and empirical studies of the world. This research took place at the Gorontalo City Police. The results obtained from this study are that the prevalence of alcohol abuse in Gorontalo City occurs due to internal factors such as age, gender, individual norms (personality), education, psychology and others, as well as external factors such as the environment and friendships. The influence of alcoholic beverages can lead to a crime. 
本研究的目的是讨论在哥伦塔洛市引发犯罪行为的酒精滥用的影响。本研究的目的是:找出哥伦塔洛市酒精滥用的因素和影响。本研究采用实证法学研究方法。实证法学研究本身就是将法律视为一种现实的研究,包括社会现实、文化现实和对世界的实证研究。这项研究是在哥伦塔洛市警察局进行的。从这项研究中获得的结果是,戈龙塔洛市酗酒的流行是由于年龄、性别、个人规范(个性)、教育、心理等内部因素以及环境和友谊等外部因素造成的。酒精饮料的影响会导致犯罪。
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引用次数: 0
Rights and Obligations of Children to Parents as Objects of Commercial Content on Tiktok According to the Marriage Law 《婚姻法》下儿童作为抖音商业内容客体对父母的权利义务
Pub Date : 2023-02-20 DOI: 10.33756/eslaj.v5i1.19944
Hana Yunita Wagimin, Waode Mustika
This study aims to find out how the rights and obligations of children towards parents as objects of commercial content on TikTok according to the marriage law. The research method used is normative. The results of the study show that the rights and obligations of children towards their parents are based on the Marriage Law; children must respect their parents and obey their good wishes. And if the child has grown up, he is obliged to look after according to his ability, parents and family in a straight line upwards, if they need help. Legal consequences for children who do not carry out their alimony obligations towards parents, namely parents can submit a determination to the District Court and file civil lawsuits regarding unlawful acts (PMH) committed by children due to non-fulfillment of children's obligations in providing care to parents whether it's looking after and caring for parents in a healthy or sick condition, as well as providing a living and other things, including the cost of compensation.
本研究旨在了解孩子作为抖音商业内容的客体,在婚姻法下,对父母的权利和义务是怎样的。使用的研究方法是规范的。研究结果表明:子女对父母的权利和义务是以《婚姻法》为基础的;孩子们必须尊重父母,服从他们的美好愿望。而如果孩子已经长大成人,他有义务根据自己的能力照顾,父母和家人在一条直线上向上,如果他们需要帮助。子女不履行对父母的赡养费义务的法律后果,即父母可以向区域法院提交裁定,并就子女因未履行照顾父母的义务而犯下的非法行为(PMH)提起民事诉讼,无论是照顾和照顾健康或生病的父母,还是提供生活和其他东西,包括赔偿费用。
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引用次数: 0
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Estudiante Law Journal
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