Juvenile delinquency is a symptom of social and has raised concerns among parents in particular and society in general. These forms of behavior such as child delinquency abuse of narcotic and psychotropic drugs, free sex, fights among teenagers of the village, street racing, began to adorn the Balinese order changes gradually. These symptoms seem to always just show itself as an actual problem that is typical in each period of time and therefore be interesting to be examined. Community structure that changes caused by pressure or offered options that ultimately became plural and multicultural Bali. Resolution of the problem certainly must be associated with a Balinese local wisdom itself. The problem is formulated: (1) why the theory of social control is the most appropriate theory used to cope with children's Misbehavior in Bali?; (2) How the pattern of juvenile delinquency prevention in Bali with the use of local wisdom? The approach used in this study is the non doctrinal approach (socio-legal approach). In principle the socio-legal study is the study of the law, based on social sciences methodology in the broad sense. This research included in aggregate research tradition between qualitative research and quantitative research is often known for its mix of research, with the perspective approach to Criminology. (1) the theory of social control, as compared to the theory of social disorganization theories of deviant behavior in criminology, social control theory most appropriate use in tackling child because, while a strong social bonds between the children with peers, peer group, parents, school teachers, community leaders, religious figures, children undoubtedly will not do deviate behavior. Although his theory of social control in the West but its implementation against children in Bali is more focused than the other theories are, of course, the addition of the elements contained in the theory of social control, such as Attachment, Commitment, Involvement, and Belief, is associated with the local wisdom Balinese people strongly support the strengthening of social control theory; (2) the pattern of juvenile delinquency prevention in General to use the model of non-penal and penal. The pattern of non penal in tackling child delinquency through local wisdom like tri hita karana, tri kaya parisudha, tri tat twam asi, and others, the Balinese social control can prevent or cope with a minimum of child delinquency in Bali.
Law Number 2 of 2014 on Notary Function (UUJN) governs on Civil and Administrative sanctions to Notary violating obligations and prohibition as set forth in Article 16 and 17 of UUJN, however criminal sanction is not governed in the UUJN, therefore the application of criminal sanction itself has not been able to be imposed to a Notary violating the obligations and prohibitions of UUJN. And there is no arrangement to the mechanism of civil sanction imposition related to the cancellation of deed in the event of the authentic deed in the UUJN. Based on the background, the problems arising, namely, first How is the setting of legal sanctions against Notary violating Obligations and Prohibition of UUJN and second, what is the mechanism of handing down sanction (pursuant to the procedural law) to the Notary violating obligations and prohibitions UUJN how is the settlement mechanism of legal sanctions against Notary violating UUJN-P? This study is qualified as a normative legal research. The source of legal materials for this study was obtained from primary, secondary and tertiary legal materials. The results of this thesis are civil sanction is governed in Article 16 paragraph (9 and 12), Article 41, Article 44 paragraph (5), Article 48 paragraph (3), Article 49 paragraph (4), Article 50 paragraph (5) and Article 51 paragraph (4) of UUJN. The administrative sanction is governed in Article 7 paragraph (2), Article 16 paragraph (11 and 13), Article 17 paragraph (2), Article 19 paragraph (4), Article 32 paragraph (4) Article 37 paragraph (2), Article 54 paragraph (2) and Article 65A of UUJN. Criminal sanctions are not governed, but a notary may be charged with criminal sanction pursuant to the provisions of Penal Code, providing that the act of the notary has complied with the formulation of breaches set forth in the UUJN, ethic codes and Penal Code. Second, the mechanism of application of civil sanction related to the cancellation of authentic deed into under hand deed should go through civil lawsuit process at general court lodged by the parties whose names are stipulated in the deed and suffer from damages as the effect of such deed. The mechanism of application of administrative sanctions to a notary should be directly imposed by the Supervisory Board, where the sanctions are gradually applied. The mechanism of application of criminal sanction to a notary if proved to commit the criminal act, the Notary shall be penalized and generally Penal Code can be applied to the Notary pursuant to the principle of lex spcialist derogate legi generali interpreted in a contrario manner.
The Act Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary (hereinafter abbreviated as UUJNP) Article 16 paragraph (1) letters (a) and (f) determine that the notary in carrying out his obligations, must act trustfully, honestly, safeguard the interests of parties involved in legal actions, and keep the contents confidential deed as well as information obtained for making the deed, unless the law stipulates otherwise, while Regulation of the Minister of Law and Human Rights number 9 of 2017 (hereinafter abbreviated Permenkumham) Article 24 paragraph (2) specifies, that the notary is obliged to report to PPATK regarding the existence of a transaction finance conducted by service users. It appears that between these rules there is a norm conflict between UUJNP and Permenkum. The results of this study prove the fact that the notary is required to apply the principle of service users, consider there are nonconformities, or consider the facts of money laundering. The notary is also required to report users of the service to PPATK if requesting the transaction is suspected. Article 16 paragraph (1) Subparagraph f of the UUJNP, because the actions taken have been regulated in Article 28 of the Law of the UUTTPU. Second, legal permission for a Notary regarding the notary summons for a case in court, then there must be prior approval of the Notary Honorary Council (MKN) in advance and the notary public can also use the right to deny if there is a support for the material or the contents of the deed. Undang No. 2 Tahun 2014 Tentang Perubahan atas Undang-Undang No. 30 tahun 2004 Tentang Jabatan Notaris (selanjutnya disingkat UUJNP) Pasal 16 ayat (1) huruf (a) dan (f) menentukan bahwa notaris dalam menjalankan kewajibannya, wajib bertindak amanah, jujur, menjaga kepentingan pihak yang terkait dalam perbuatan hukum, dan merahasiakan isi akta serta keterangan yang diperoleh untuk pembuatan akta, kecuali undang-undang menentukan lain, sedangkan Peraturan Menteri Hukum dan Hak Asasi Manusia nomor 9 tahun 2017 (selanjutnya disingkat Permenkumham) Pasal 24 ayat (2) menentukan, bahwa notaris wajib melaporkan kepada PPATK mengenai adanya transaksi keuangan yang dilakukan oleh pengguna jasa. Tampak antara aturan-aturan tersebut terjadi konflik norma antara UUJNP dan Permenkum. Inti pemasalahannya yaitu mengenai wewenang notaris dalam mengidentifikasi pengguna jasa yang diatur dalam Permenkumham dan upaya perlindungan notaris secara hukum apabila terjadi kejahatan pencucian uang oleh pengguna jasanya. Metode penelitian ini adalah penelitian hukum normatif dengan pendekatan perundang-undangan. Hasil penelitian ini menunjukkan bahwa notaris wajib menerapkan prinsip mengenali pengguna jasa, apabila ada ketidaksesuaian atau diduga adanya tindak pidana pencucian uang. Notaris juga wajib melaporkan pengguna jasa tersebut kepada PPATK jika diduga transaksi tersebut mencurigakan. Tindakan yang dilakukan notaris ini tidaklah melanggar ketentuan Pasal 16 ayat (1) hurup f UUJNP, karena tindakan yang dilakukan tersebut telah diatur pada Pasal 28 UUTTPU. Kedua, perlindungan hukum kepada Notaris terkait pemanggilan notaris dalam perkara di pengadilan, maka harus ada persetujuan Majelis Kehormatan Notaris (MKN) terlebih dahulu dan juga notaris dapat menggunakan hak ingkar jika ada hubungannya dengan materi atau isi akta.
This article discusses problems of corruption which until now hasn’t been completed in its eradication process. Every effort is made to find both internal and external causes in order to get the solution. The problem that is studied sociologically is, why is corruption incomplete? If corruption isn’t yet complete, and work isn’t finished yet, then how can work be completed? Understanding Corruption can be called work is complete, must be understood from the anti-corruption values and principles contained therein. It’s include honesty, independence, discipline, responsibility, hard work, simple, courage, and justice. It’s need to be applied by each individual to be able to overcome external factors so that corruption doesn’t occur. To prevent the occurrence of external factors, in addition to having it, each individual needs to deeply understand the anti-corruption principles of accountability, transparency, fairness, policy, and policy control. Therefore the relationship between anti-corruption principles and values is an inseparable unity. Success or failure to solve the problem of corruption is expected in the legal system that makes the handle in solving corruption cases, namely strengthening the legal structure, legal substance and legal culture of the community.
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