Lareh Law Review

Dasar Pertimbangan Hakim Dalam Menjatuhkan Putusan Pidana Penjara Bagi Anak Pelaku Tindak Pidana Persetubuhan

2025-11-08T11:10:39+00:00

The Law Number 35 of 2014 concerning Child Protection in Article 81 Paragraph (1) regulates sanctions for perpetrators of child sexual offenses. The perpetrator may be threatened with a maximum prison sentence of 15 (fifteen) years and a minimum of 5 (five) years. A lower sentence for perpetrators of sexual offenses will create injustice for the victims, as seen in decision number: 32/Pid.Sus-Anak/2024/PN Pdg), in this decision the judge sentenced the child perpetrator to 1 (one) year and 7 (seven) months in prison and 3 (three) months of vocational training. The sentence imposed is considered too low given that the sexual offense was committed by the child three (3) times. This research aims to determine the basis for the judge's consideration in imposing a lighter prison sentence on the child perpetrator of sexual offenses in decision number: 32/Pid.Sus-Anak/2024/PN Pdg and what are the legal implications of imposing a lighter sentence on the child perpetrator of sexual offenses. The research method used in this study is an empirical juridical method using a case study approach and a legislative approach. The results of the research indicate that the basis for the judge's consideration in imposing a lighter prison sentence is based on the best interests of the child using juridical and non-juridical considerations. A lighter prison sentence can create a sense of injustice for the child victim, but for the child perpetrator, a lighter sentence can serve as a means of self-improvement for the child perpetrator.

Keywords: Basis for Judge's Consideration, Criminal Offense of Child Sexual Intercourse, Imprisonment

Pengendalian Pengendalian Sosial di Era Digital: Transformasi Peran Hukum dalam Masyarakat Modern

2025-11-08T11:20:15+00:00

The development of digital technology has transformed many aspects of modern life. The way people interact, work, and behave has also changed. In this situation, law plays a crucial role in maintaining order and justice. This article examines how the role of law has changed and adapted to modern society in the digital age. This article uses qualitative methods by examining various sources such as books, journals, and regulations. The results of the study indicate that the law must continue to adapt to effectively control people's behavior.

Keywords : adaptation, digital era, law, modern society, social control

Penertiban Pedagang Kaki Lima Oleh Satuan Polisi Pamong Praja Di Kota Padang Panjang

2025-11-08T11:11:40+00:00

Street Vendor represent an alternative means of livelihood within the informal sector, engaging in commercial activities that significantly contribute to the regional economy as a major source of income. In Padang Panjang City, the designated locations and operational hours for these vendors have been established through an official announcement; however, numerous vendors continue to operate in restricted areas, including roadways, sidewalks, and other public spaces. This situation raises concerns regarding sanitation, the improper use of public facilities and infrastructure, as well as disturbances to both pedestrian movement and traffic flow within the Central Market of Padang Panjang. Consequently, this study seeks to investigate the following key questions: 1) What are the regulations governing the location and operating hours of street vendor in Padang Panjang City? 2) What mechanisms are in place for the oversight of hawker by the Municipal Police Unit in Padang Panjang City? 3) How is the enforcement of street vendor regulations conducted by the Municipal Police in Padang Panjang City? This thesis employs a juridical-empirical methodology and is primarily descriptive in character. The findings indicate that the monitoring and enforcement activities conducted by the Market Management Division, in partnership with the Municipal Police, frequently encounter implementation challenges. These challenges stem from issues related to the spatial and temporal constraints imposed on street vendor, which do not sufficiently address the needs of all vendors. Consequently, a significant number of street vendors continue to operate in restricted areas and during forbidden times.

Keywords : Municipal Police, Oversight, Regulation, Street Vendor

Penegakan Hukum Pada Tahapan Penyidikan Terhadapa Tindak Pidana Peyalahgunaan Narkotika ( Studi Kasus Kepolisian Resort Kerinci)

2025-10-21T17:20:54+00:00

Narcotics are substances or drugs that come from plants or non-plants, either synthetic or semi-synthetic, which can cause a decrease or change in consciousness, loss of pain sensation, and cause dependence. Law enforcement against narcotics crimes is regulated in Law Number 35 of 2009 concerning Narcotics, The Kerinci Police as part of the police institution has the responsibility to eradicate narcotics in its jurisdiction. However, in its implementation, the investigation process still faces various obstacles, including limited resources, weak coordination between officers, and indications of external intervention. This article discusses three problem formulations: first, how is law enforcement at the investigation stage of narcotics abuse crimes at the Kerinci Resort Police; second, what are the obstacles faced in law enforcement at the investigation stage of narcotics abuse crimes at the Kerinci Resort Police; and third, what efforts are made to overcome obstacles in law enforcement at the investigation stage of narcotics abuse crimes at the Kerinci Resort Police The method used in this study is an empirical legal approach, with primary data obtained through interviews with investigators at the Kerinci Police Resort and secondary data obtained from studies of legal documents and related literature. The results of the study indicate that law enforcement at the investigation stage has been carried out in accordance with applicable legal procedures, but there are still a number of obstacles, including limited human resources, lack of facilities and infrastructure, and the uncooperativeness of perpetrators and witnesses in the investigation process. To overcome these obstacles, the police have made various efforts such as increasing the capacity of investigators through training, establishing cross-sector cooperation, and utilizing information technology in the investigation process. Suggestion Through an integrated coordination system and routine evaluation, the investigation process is expected to not only be oriented towards a deterrent effect, but also be able to restore the perpetrator to a healthy and productive social life.

Keywords : Investigation, Law Enforcement, Narcotics crime

Peranan Bantuan Hukum Sebagai Jaminan Hak Tersangka Dalam (Due Process of Law) Pada Sistem Peradilan Pidana Indonesia

2025-06-18T20:02:11+00:00

Legal aid is one of the fundamental elements in guaranteeing the human rights of suspects in the Indonesian criminal justice system. The principle of due process of law emphasizes the importance of a fair, transparent, and non-discriminatory legal process as the main basis for protecting the rights of suspects. This study aims to analyze the role of legal aid in ensuring that suspects' rights are fulfilled fairly from the investigation stage to the trial. The method used is a normative legal approach by examining laws and regulations such as the Criminal Procedure Code and Law Number 16 of 2011 concerning Legal Aid. The results of the study indicate that at the investigation stage, suspects have the right to receive legal assistance as regulated in Article 54 of the Criminal Procedure Code. Under certain conditions, investigators are required to appoint legal counsel even though the suspect does not request it, as regulated in Article 56 of the Criminal Procedure Code, as a form of non-negotiable legal protection. At the trial stage, the role of legal counsel becomes very important in formulating defense strategies, exploring legal facts, and ensuring that each process runs according to the principles of a fair trial. Legal aid not only provides assistance, but also functions as a control mechanism against potential abuse of authority by law enforcement officers and as a means of educating the public about their legal rights. In a broader context, strengthening the legal aid system also reflects the state's commitment to protecting human rights and reforming the criminal justice system that is oriented towards substantive justice. Therefore, the integration of legal aid in every stage of the criminal process is an inseparable part of efforts to realize a legal system that is humanistic, inclusive, and responsive to the needs of community justice.

Keyword: Criminal Procedure Code, Due process of law, Legal aid,legal advisor, Suspect's rights

Urgensi Kriminalisasi Ekosida dalam Penegakan Hukum di Bidang Lingkungan Hidup

2025-06-18T19:57:32+00:00

The increasing degradation of the environment due to large-scale ecological destruction has raised global concern over the inadequacy of current legal frameworks in addressing environmental crimes. One concept that has emerged to fill this legal void is ecocide the deliberate or negligent acts that result in severe damage to the environment. This paper seeks to analyze the urgency of criminalizing ecocide within the framework of environmental law enforcement in Indonesia. The objective is to advocate for the formal recognition of ecocide as a distinct criminal offense to strengthen the deterrent function of environmental law and promote ecological justice. This study adopts a normative juridical method, using statutory, conceptual, and comparative legal approaches. The legal analysis is supported by international environmental law instruments and the practice of countries that have integrated ecocide into their criminal codes. The findings reveal that Indonesia’s current legal instruments, while extensive, lack a specific and enforceable framework to prosecute egregious environmental destruction. Criminalizing ecocide would not only align Indonesia with emerging global legal trends but also address the limitations of administrative and civil sanctions in preventing environmental harm. In conclusion, the incorporation of ecocide into the criminal justice system is both urgent and essential to ensure the protection of the environment and the sustainability of life.

Keywords : Criminalization, Ecocide, Environmental Law Enforcement

Pelaksanaan Hak Asasi Masyarakat Adat dalam Pembangunan Kota Sorong: Kajian Hukum Tata Negara

2025-12-30T15:32:28+00:00

The discussion of Regional Autonomy and Special Autonomy has become an important issue related to granting greater authority to local governments to manage governmental affairs independently, including social, economic, development, and public services sectors. The main goal of this autonomy is to increase the efficiency of government, public services, community empowerment, and active community participation in development, with a focus on local welfare and the development of local potential. However, in its implementation, development in Sorong City often faces challenges related to the recognition and protection of indigenous peoples' rights. Although recognized in the 1945 Constitution, the rights of indigenous peoples are often overlooked due to the lack of understanding by government officials and development policies that do not actively involve them. Therefore, it is important for local governments to strengthen the capacity of officials, increase understanding of indigenous peoples' rights, and involve them in every stage of planning and implementation of development. With more inclusive and just policies, it is expected that development in Sorong City can proceed more equitably, sustainably, and with attention to the rights of indigenous peoples.

Keywords : Community Participation, Development, Indigenous Peoples' Rights, Regional Autonomy, Special Autonomy, Sorong City, Welfare