Legal Counsel Research Articles

Implementation of Ex Officio Rights of Judges of the Kediri District Religious Court: An Analysis of Non-Cumulation of Divorce and Child Custody Rights

This research highlights the phenomenon that occurred in the Kediri Regency Religious Court regarding the cumulation of lawsuits, it was found that there were still many parties who filed a pure lawsuit without filing a lawsuit in cumulation. The parties often only focus on the divorce lawsuit without including aspects regarding child custody, which can be cumulated according to Article 86 paragraph (1) of Law No.7 of 1989 concerning Religious Courts. The focus of this research is to find out why the parties do not cumulate the divorce lawsuit with child custody and the implementation of the ex officio rights of the judge of the Kediri Regency Religious Court. The research method used is juridical-empirical with a sociological juridical approach. Primary and secondary data were obtained through interviews and documentation. The results of the study concluded that some of the reasons the parties did not cumulate the lawsuit with child custody included ignorance of the parties regarding the cumulation of the lawsuit, the role of legal counsel, the existence of a prior agreement, focus on divorce priorities. Judges of the Kediri Regency Religious Court have applied the applicability of ex officio rights as a privilege owned by judges to impose decisions aimed at providing benefits, namely the fulfillment of the rights of those concerned. Judges can use ex officio rights in divorce cases to give the wife and children their rights such as iddah, mut'ah, madhiyah, and child maintenance. Judges cannot exercise ex officio rights in a contested divorce and cannot impose a decision that is not in the argument of the lawsuit such as a case regarding child custody because of Ultra Petitum Partium.

Analisis Mengenai Keabsahan Akta Otentik Yang Dibuat Tidak Berdasarkan Kehendak Pihak Didalamnya (Studi Putusan No.621/Pdt.G/2019/PN.Sgr)

This research aims to determine the role of notary on creating Deed of Binding Sale and Purchase Agreement (PPJB) dan power of attorney to sell, it also analyze the validity of deeds that are made not based on the will of the party involved. This research uses the approach of case study and library research, which involves examining and colleting sources from journals, books and internet. The results of this research indicate that notary play an important role in creating authentic deeds, among the things that a notary must do is to provide legal counseling and act faithfully, honestly, diligently, independently, impartially, and to protect the interest of the parties involed, which stated on Article 15 Paragraph (2) letter (e) and Article 16 Paragraph (1) letter (a) of Law Number 2 Year 2014 concerning Amandments of Law Number 30 Year 2004 concerning Notary Position. The conclusion is that a deed that are made not based on the will of the parties, contain an elements of circumstances abuse (misbruik van omstandigheden), doesn’t meet the requirements as stated in Article 1320 and Article 1338 of the Civil Code can be invalidated in the court if it is proven to contain unlawful act.

On the Right to Legal Counsel as a Fundamental and Complex Subjective Right

On the Right to Legal Counsel as a Fundamental and Complex Subjective Right

Hukum Agraria Berdasarkan Kearifan Lokal Pulau-Pulau Kecil Perbatasan dan Hukum Lingkungan Hidup Wilayah Pulau-Pulau Kecil Perbatasan

Ownership rights to land as a type of property right are very important for the state, nation, and people of Indonesia as an agrarian society which is developing towards industrial development and so on, but land is the basic life for humans. Various existing governance concepts, its validity as a basis for agrarian management must be tested again. With these actions, it is hoped that there will be synergy between agrarian issues and an environmentally based management orientation. The aim of the service is to provide legal understanding related to agrarian law based on local wisdom and environmental law in small island border areas. The Service Method is carried out in a lecture by each presenter, the presenter is given time to present the material, after that the participants are invited to ask problems or questions which are then answered in turn by the presenters according to the problem being asked. The results of this community service activity are one form of tridharma activity for educators to play a role in resolving problems that occur in the community, especially regarding Agrarian Law Based on Local Wisdom and Environmental Law on Small Border Islands through legal counseling that discusses the customary rights of customary law communities. encounters development, resulting in changes in the community's living environment.

Tinjauan Kriminologis Terhadap Faktor-Faktor Penyebab Terjadinya Tindak Pidana Dibidang Perikanan Dan Penanggulangannya Di Laut Kabupaten Bintan

Fishery resources are one of the many natural resources in Indonesia. Its vast aquatic territory makes Indonesia an archipelagic country that hosts numerous activities at sea. The abundance of activities utilizing marine fisheries resources has led to actions detrimental to society. This research examines several issues, including: 1) What factors lead to criminal activities in the field of marine fisheries in the waters of Bintan Regency; and 2) What efforts are made by law enforcement authorities to prevent and address criminal activities in the field of marine fisheries in Bintan Regency. The research method used is empirical juridical research. Data collection is conducted through interviews with relevant parties and literature research related to the research topic. The obtained data is analyzed qualitatively and presented descriptively. The research results indicate that Bintan Regency is vulnerable to fisheries-related crimes. Several cases have been handled by the relevant authorities. The factors causing fisheries-related crimes in Bintan Regency can be summarized as follows: first, low awareness, compliance, and legal effectiveness; second, low economic status among fishermen; and third, low educational levels. Efforts made by law enforcement authorities include preventive measures such as legal counseling, patrols, redirecting community activities, providing environmentally friendly modern assistance, and establishing community monitoring groups. In addition, repressive efforts are also carried out through strict law enforcement, including arrests and examinations that result in the application of sanctions in accordance with the laws of Indonesia

The legal mobilisation of EU market freedoms: strategic action or random noise?

This article investigates litigation in the field of EU market liberalisation from the perspective of legal mobilisation research. It follows the assertion that litigation has seized on asymmetries in EU law to threaten cornerstones of national industrial relations regimes. The article investigates litigants and their legal counsel in 14 seminal cases. It identifies three distinct types of litigants: narrowly self-interested ‘one-shotters’, organised interests as ‘repeat players’, and ‘cause lawyers’. Key take-aways add to the literatures on both liberalisation and legal mobilisation. The prominence of purposeful, strategic action speaks against previous assertions of a purely self-sustaining logic of market liberalisation, and efforts by trade unions to reinforce national regulations protecting labour speak against the assumption that EU law is only employed by those seeking greater factor mobility. On the other hand, attention to litigants seeking market liberalisation calls into question the notion of law as a ‘weapon of the weak’ often pursued in legal mobilisation research.

Surrogacy in Our Region - How Do We Help Our Patients Who Have No Other Options?

Gestational surrogacy is a well-established fertility treatment with promising treatment success. Gestational surrogacy has multiple dimensions to consider such as medical, psychological, legal, and ethical aspects. Gestational surrogacy is allowed/supported only in some countries which limit access of the couples who require treatment in many countries. Many countries have surrogacy law to regulate gestational surrogacy and to provide legal rights of the intended parents over the birth of their child from the surrogate mother. Surrogacy law also provide protection to the right of the surrogate mother as well. Surrogacy law differs from countries to countries which lead to an increasing trend of cross-border gestational surrogacy treatment toward the countries which allow legal gestational surrogacy or to the country with no law to regulate gestational surrogacy. The intended parents may face legal problems before returning to their countries of origin or when trying to have their children legally recognized in their countries. The intended parents exploring cross-border surrogacy treatment should get legal counsel in their own country to assist with immigration, parentage, and citizenship for the child born through a surrogacy arrangement outside their own country. Due to limitation to gain access to gestational surrogacy for couples in many countries, there is rapidly growing research on the uterus transplantation with reported success on giving birth to healthy children. This could be an alternative to gestational surrogacy for women with uterine factor infertility. However, this also pose some ethical challenge on the uterus donation as organ.

Criminal Liability For Perpetrators of Negligent Crimes Resulting in the Death of Others in Traffic Accidents

Criminal responsibility leads to the prosecution of the perpetrator who has committed a criminal act and fulfills its elements as stipulated in the law. Viewed from the perspective of the occurrence of a prohibited act (obligation), an individual will be criminally accountable for such actions if they are against the law. To hold someone criminally accountable, one must consider the culpability of the perpetrator. However, it is not sufficient to consider only the culpability; one must also consider the reasons and circumstances that eliminate the penalty as outlined in Articles 44, 48, 49, 50, and 51 of the Indonesian Penal Code (KUHP). In cases where the perpetrator has met the provisions of those articles, they are exempted from the threat of criminal charges. The research method used is normative juridical, which involves legal research on primary and secondary legal materials, especially those related to the discussed subject matter. This study aims to determine how criminal responsibility is imposed on perpetrators of negligent crimes resulting in the death of others in traffic accidents. From the research findings, it is concluded that the defendant Mariyanto, based on the trial facts, did not meet the criteria set forth in Articles 44, 48, 49, 50, and 51 of the KUHP that would eliminate the penalty. Therefore, Mariyanto can be held responsible and subject to criminal accountability. Considering that the victim also bears some responsibility contributing to the commission of the offense and that the defendant had no malicious intent, posing no danger, the writer suggests that the defendant should be appropriately sentenced to probation, as proposed by Mariyanto's Legal Counsel in their plea, taking into account humanitarian and justice considerations.

Building Legal Awareness: Solutions to Land Disputes and Family Harmony

The aim of the community service activity, Real Work Lecture, community empowerment learning in Jrebeng Kidul Village, Probolinggo City, is to try to build legal awareness in the community starting from the smallest sphere, namely the family. This service activity takes the form of socialization or legal counseling on how to respond to problems in the surrounding environment by being aware of the levels of rights and obligations so that a peaceful and orderly sub-district can be created, especially in land disputes. The impact of this service activity is able to grow and increase legal awareness for individuals, families and local residents so that order and order and harmony are created in social interactions in Jrebeng Kidul Village. The result of this service activity is the formation of community groups who care and are aware of the law. The benefit of this community service is to build community awareness to live in an orderly, peaceful and peaceful manner as well as legal protection, especially for the people of Jrebeng Kidul Village.

PERSEPSI MASYARAKAT DESA KESUGIHAN KIDUL KECAMATAN KESUGIHAN TERHADAP PROFESI ADVOKAT

As the era develops in the rule of law, there are many problems in society and officials, there is a lot of legal uncertainty regarding justice. Law enforcement in a society depends on the good and bad of the legal professionals who carry out their profession. The research uses field research which produces descriptive data, which is observed about people or behavior in the form of written/spoken words directly into the field. From the results of research on the views of the people of Kesugihan Kidul Village towards the Advocate Profession, only highly educated people understand the duties and functions of Advocates and the community considers that the Advocate Profession sometimes has pros and cons, there are some people who think that advocates only defend the poor, so the people of Kesugihan Kidul Village rarely use it. Advocate services and supported by economic factors, knowledge factors, experience factors. The public hopes that advocates provide legal education and legal counseling services so that there is no opposition to the profession of advocates for their professionalism and quality as law enforcers.

Legacies of Militarism: Ascriptive Republicanism and the Origins of America’s Contemporary Gun Culture

Abstract Scholars have associated gun culture with liberal individualism, but this is inconsistent with participants’ emphasis on political duty and obligation, the dominance of White men in this space, and the centrality of negative racial and gender priors. I argue that militarism – the valorization of firearms as a sign of good citizenship – is a constitutive part of one dimension of American identity which I call “ascriptive martial republicanism,” which combines the ideal of armed service with White male supremacy. I trace the origins of this conception of Americanism to the American Revolution and the military institutions that developed in the early republic. As a product of the 19th century military establishment, the National Rifle Association (NRA) brought this ideology into the 21st century, long after government abandoned it under pressure from the progressive movements of the 1960s. Through its political and legal advocacy, the group succeeded in making it once again part of the country’s institutional core via Supreme Court decisions. This new institutional regime represents a threat not only to the multicultural ethos but to democratic stability.

Pendampingan Saksi Dalam Tindak Pidana Korupsi

Introduction: The investigation process of a suspect in a criminal case of corruption begins with the examination of a witness. The testimony of the judgment of the judgment is absolute. In addition to the threat of punishment for corruption over five years, and the testimony by the witnesses if not, of course, the testimony is given by the witnesses, According to the investigator, the witnesses are identified as a suspect in a criminal case of corruption.
 Purposes of the Research: Examining and analyzing forms of assisting witnesses by legal counselors in case of corruption crimes.
 Methods of the Research: The type of research used is normative research focused on giving systematic explanations that govern a particular category.The problem's approach to the law and conceptual approach. The gathering of legal material through primary legal material is then associated with secondary legal material.The management and analysis of legal materials is qualitatively deciphered.
 Results of the Research: Witness and victim protection laws specifically in chapter 2 indicate that these laws provide protection to witnesses and victims in all criminal proceedings in the judicial environment..From the sound of this chapter means against witnesses at all levels need protection, In this case, legal protection..In chapter ii, u psk in chapter 5 verse (1 ) a witness and victim have rights, One of them is free from question, and one of them is a witness., Should also be given by the prosecutor as an investigator in the corruption crimes., But sometimes they don't provide protection and rights as witnesses..To do that requires a witness accompanied by legal counsel or advocates in the process of investigating crimes of corruption in order to protect the rights of witnesses.

Juridical Analysis Of Suspect Determination Procedures Police Investigators Against Criminal Offenders (Research Study In Barelang Police)

The determination of a suspect must be in accordance with applicable legal provisions based on 2 (two) valid pieces of evidence, namely witness statements obtained by the investigator, expert statements obtained by the investigator, letters, and instructions for each piece of evidence obtained by the investigator through an in-depth examination. The investigator's coercive actions must be carried out responsibly according to the law and legal provisions so that arbitrary actions do not occur against the suspect's freedom, independence, and human rights. The problem in this research is the law, implementation, and what factors become obstacles and obstacles in the process of determining suspects for perpetrators of criminal acts. This research uses a descriptive analysis method using a normative approach (legal research) and is supported by empirical research. This was carried out to obtain primary data obtained through interviews through field research. The results of this study explain that the Criminal Procedure Code (KUHAP) has clearly and firmly regulated matters relating to the rights of suspects. The rights of suspects regulated in the Criminal Procedure Code are Priority Rights for Case Settlement, this has been emphasized in Article 50 of the Criminal Procedure Code (KUHAP) which reads: a) A suspect has the right to immediately be examined by investigators, then can be submitted to the Public Prosecutor. b) The suspect has the right to immediately bring his case to court by the public prosecutor. c) The accused has the right to be tried immediately by the Court., The right to prepare a defense, the right to get an interpreter, and the right to choose their own legal adviser The purpose of this right is to get legal counsel in accordance with the provisions of Article 54 of the Criminal Procedure Code for suspects. For this reason, it is expected that in determining the suspect to have qualified investigators they pay attention to the following matters: Have general knowledge, Knowledge is quite broad, where Investigating Officers are required to have knowledge that is quite extensive, Confident in themselves. Investigating Officers must have high self-confidence, have character, be professional, understand psychology practically, be brave, honest, talented actor, wise, alert, and experienced. Courage, honesty, wisdom, and vigilance are needed in the examination process by an investigating officer. Experience Investigating officers must be experienced in order to master psychology/psychology and be able to act in acting is also very important to have.

Human Rights Activism and Transitional Justice Advocacy in Northern Ireland

ABSTRACT∞ This article offers a critical assessment of efforts to address the legacy of the Northern Ireland conflict. We begin with an overview of government-led initiatives since 1998 and then reflect on three underpinning themes: justice, accountability and the tilt towards impunity; the shift from ‘truth’ to ‘information’ recovery; and the instrumentalization of history. We then offer a reflexive assessment of our endeavours to contribute to a ‘from below’ variant of legal, political and historical advocacy. Reflecting on our efforts to contest and critique successive government proposals, we draw out three overlapping ‘ideal types’ of transitional justice advocacy: technical engagement, coalition building and exposition. We conclude by highlighting the very specific challenges of engaging in transitional justice scholarship and advocacy in a ‘post-truth’ era.

A Study on the Legal Aid Services-Provisions and the Defence Legal Aid Scheme

India is regarded amongst the top countries in the Asian continent in terms of the recent technological, economic developments. The country with the most population is still striving to get rid of illiteracy which is now a major problem faced by the rural population in the country. Legal Aid Defense Counsel Scheme 2022 FOR PROVIDING LEGAL AID, ASSISTANCE & REPRESENTATION IN CRIMINAL MATTERS IN LINE WITH "PUBLIC DEFENDER SYSTEM" aims to provide legal aid to poor and needy in criminal justice system. The scheme aims at providing legal aid, assistance & representation in criminal matters in LINE with a public defender system. At present, Assigned Counsel System of dispensation of Legal Aid is being followed in India. This will create institutional capacity to effectively provide Legal Aid to poor, needy, and poor in the criminal justice systems. To have a successful legal aid movement in India, the government needs to take appropriate steps by spreading awareness and educating the people about their basic fundamental rights.

PEMBERDAYAAN MASYARAKAT UNTUK MENINGKATKAN KESADARAN DAN PENGETAHUAN TENTANG HUKUM DI DESA CURUP GURUH KAGUNGAN

Law is a rule or rule that binds or regulates society. Law is something that is closely related to human life which refers to the most important system in implementing law enforcement. Various attempts were made to overcome the problems that occurred, one of which was throught a legal counseling in the 2023 UMKO Knowledge Transfer KKN activities. Legal counseling is is a form of student contribution in the field of community service. Community service activities aim as a means for student to channel their concern for the people of Curup Guruh Kagungan Village so that they realize how important law is social life. The purpose of this activity is to help the community understand more about land rights and the importance of law for sicial life. This activity involved the people of Curup Guruh Kagungan Village from various allinces. The implementation of this legal counseling activity was carried out directly at the Curup Guruh Kagungan Village Hall. The result of this legal counseling activity were seen from the Curup Guruh Kagungan village community understoot or absobed the material presented by the two informants and the Curup Guruh Kagungan village community who asked about land rights and the importance of law to the spekeers.

Kajian Kriminologis Ekploitasi Kemisikan dalam Pengemisan di Media Sosial

Technological developments in society as a real impact on life cannot be denied anymore. Apart from being able to bring good benefits or impacts, the phenomenon of this technological development can create various things that have never existed before. Especially when associated with earning income on social media as existing technological developments. The phenomenon that has emerged recently is the phenomenon of online begging in social media which is rife. This phenomenon makes some content creators tempted to earn money in a much easier way by relying on the compassion of their audience. In this paper, we will examine the reasons behind this action and what efforts can be made to overcome this. The method used is a normative juridical method which will examine the criminological factors behind this begging phenomenon on social media. It will also examine the various efforts made to overcome it. From this paper it is found that the poverty factor is the main driving factor. Besides that, the popularity factor in a short time and low awareness and legal compliance in the community are driving forces for this to happen. Efforts are made by instilling morals in society, legal counseling and the use of criminal law strictly.

Reversing Control Over Digital Public Sphere Through the Hashtag #BlokirKominfo

The hashtag #BlokirKominfo promotes discussions within the public sphere, particularly on Twitter, as a digital activism movement advocating for the blocking of various digital platforms, websites, and online platforms due to their failure to register with PSE. This study examines interactions among individuals from three accounts, specifically @secgron, @teamsecret, and @renjiro_Junichi, thereby shaping a digital public sphere. These individuals contribute a wide range of viewpoints and arguments to the public arena, fostering discussions and debates that align with the principles of deliberative democracy. Through virtual ethnographic methods, this research reveals that interactions take the form of public opinions, critiques, protests, and calls for an end to arbitrary actions. These interactions encourage resistance from digital activists, internet users, and even legal advocates, all seeking the revocation of the Ministry of Communication and Information Policy Number 5 of 2020. This policy is criticized for negatively impacting the economic livelihood of freelance workers, infringing upon the freedom of expression for content creators, and the E-sports community. Ironically, Kominfo has yet to block online gambling sites that are causing public disturbances. The interactions among individuals reflect communicative actions, as netizens simultaneously employ Twitter to exchange information, share their opinions, convey ideas about internet restrictions, and coordinate protests and campaigns. Social media, as a platform for digital activism, encourages more people to participate in the #BlokirKominfo hashtag movement.

PERAN PERGURUAN TINGGI DALAM PENCEGAHAN KEKERASAN DALAM RUMAH TANGGA (KDRT) DI MASA PANDEMI

Based on data released by the Ministry of Women's Empowerment and Child Protection of the Republic of Indonesia (Kemenpppa), the number of cases of Domestic Violence (KDRT) that occurred in Indonesia throughout 2020 was still very high. East Java ranks second highest after Central Java as the province with the most domestic violence cases throughout 2020, with 1,588 cases. This figure is obtained from the number of cases of domestic violence reported in all cities in East Java.
 Efforts to reduce the incidence of domestic violence are not enough just to take repressive actions against perpetrators of domestic violence. What is more important is preventive action to prevent the occurrence of domestic violence. One of the causes of domestic violence can occur is the lack of public knowledge about what is meant by domestic violence. Because there are still many cases of domestic violence that occur during this Covid-19 Pandemic. This is where the role of universities is expected to be able to provide knowledge to the community, not only for women or children, but also for men.
 One of the things that universities can do in providing knowledge to the community regarding domestic violence is by conducting socialization and legal counseling. The role of legal counseling can provide increased legal knowledge to community members in order to avoid violations of the law, especially Law Number 23 of 2004 concerning the Elimination of Domestic Violence. Another benefit of legal counseling is that the community can play an active role directly with other communities to transmit or relay the relay to other members of the community such as within the family, neighbors, in the neighborhood associations and neighborhood associations in the East Java region.
 Keywords: College, Domestic Violence, Pandemic

Integrating Lawyers Into Perinatal Care Teams to Address Unmet, Health-Harming Legal Needs.

Across the United States, historically imposed structural, social, and environmental variables are intimately connected to poor obstetric outcomes and high maternal and infant mortality rates among Black pregnancy-capable people. Efforts to diminish the effect of these variables include integrating screening for social determinants of health during the perinatal period and treating them with social services, mental health support, and other referrals, including connections to community-based resources. Although helpful, some of these social determinants cannot be overcome without legal advocacy. Medical-legal partnerships, which integrate lawyers into health care, fill this gap. This commentary by an interprofessional team of authors relies on the experience of an established MLP. We posit that unmet legal needs of perinatal patients merit ongoing monitoring and intervention. We explain the rationale for perinatal practice medical-legal partnerships and share implementation suggestions from a high-intensity safety-net urban hospital.