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All Journal Journal of International Law Mahadi : Indonesia Journal of Law
Syaravina Lubis
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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TRANSFORMASI HUKUM UNI EROPA TERKAIT PEMBENTUKAN HUKUM NASIONAL DI INGGRIS DALAM PERSPEKTIF HUKUM ORGANISASI INTERNASIONAL Syaravina Lubis; Sutiarnoto Sutiarnoto; Jelly Leviza
Journal of USU International Law Vol 2, No 2 (2014)
Publisher : Journal of USU International Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (118.366 KB)

Abstract

ABSTRACT Upheaval of a country's economy is one of the reason of formation of an international organization, namely the European Union. The objectives of the European Union itself are to promote throughout the community a harmonious development of economic activities, a continuous, balanced expansion, an increase in stability, an accelerated raising of standard of living, quality of life and closer relation between states. This research has a problem formulation that consist the transformation of EU Law into law in member countries of the European Union, EU Law transformation in the UK, and the challenge as a legal action related to the transformation of EU law in the UK according to the International Organizations Law. This reasearch uses a normative research method. The results of the research on the transformation of EU law into national law of the member states are forming Regulations, Directives, Decisions shall be applied in the member states. EU law has supremacy to override national law of member states. Transformation of EU law in the UK was began with the European Communities Act 1972 agreement that was Britain ratification over EU law. Challenge as a legal action related to the transformation of EU law in the UK allowed under Article 230 and 232 EU Treaty, within filing a complaint to the national courts in accordance with a predetermined time to carry out the challenge, the challenge actions can be end up with an amendment. In conclusion, the transformation law in the EU member states in the form of Regulations, Directives and Decisions. Transformation of EU law in the UK is regulated through the European Communities Act 1972. Challenge as a legal action related to the transformation of EU law in the UK is allowed in order to create a better implementation. Advices related to this research are the transformation of EU law must be ensured that has been implemented as it should. Transformation of EU law in the UK should be ensured that EU law can overriding British National Law in case of conflict with EU law that is directly effective. Talks in depth, ask opinions of representatives of each member state in order to reach unity for ease of implementation of EU law in member states as well as minimize the action of challenge against EU law. Keywords : European Union, Law Transformation, Challenge.
TRANSFORMASI HUKUM UNI EROPA TERKAIT PEMBENTUKAN HUKUM NASIONAL DI INGGRIS DALAM PERSPEKTIF HUKUM ORGANISASI INTERNASIONAL Syaravina Lubis; Sutiarnoto Sutiarnoto; Jelly Leviza
Journal of USU International Law Vol 2, No 2 (2014)
Publisher : Journal of USU International Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (118.366 KB)

Abstract

ABSTRACT Upheaval of a country's economy is one of the reason of formation of an international organization, namely the European Union. The objectives of the European Union itself are to promote throughout the community a harmonious development of economic activities, a continuous, balanced expansion, an increase in stability, an accelerated raising of standard of living, quality of life and closer relation between states. This research has a problem formulation that consist the transformation of EU Law into law in member countries of the European Union, EU Law transformation in the UK, and the challenge as a legal action related to the transformation of EU law in the UK according to the International Organizations Law. This reasearch uses a normative research method. The results of the research on the transformation of EU law into national law of the member states are forming Regulations, Directives, Decisions shall be applied in the member states. EU law has supremacy to override national law of member states. Transformation of EU law in the UK was began with the European Communities Act 1972 agreement that was Britain ratification over EU law. Challenge as a legal action related to the transformation of EU law in the UK allowed under Article 230 and 232 EU Treaty, within filing a complaint to the national courts in accordance with a predetermined time to carry out the challenge, the challenge actions can be end up with an amendment. In conclusion, the transformation law in the EU member states in the form of Regulations, Directives and Decisions. Transformation of EU law in the UK is regulated through the European Communities Act 1972. Challenge as a legal action related to the transformation of EU law in the UK is allowed in order to create a better implementation. Advices related to this research are the transformation of EU law must be ensured that has been implemented as it should. Transformation of EU law in the UK should be ensured that EU law can overriding British National Law in case of conflict with EU law that is directly effective. Talks in depth, ask opinions of representatives of each member state in order to reach unity for ease of implementation of EU law in member states as well as minimize the action of challenge against EU law. Keywords : European Union, Law Transformation, Challenge.
Rights of Restitution to Child Victims Under Law No. 35 of 2014 Concerning Child Protection Hasibuan, Lidya Rahmadani; Lubis, Syaravina
Mahadi: Indonesia Journal of Law Vol. 3 No. 01 (2024): Edisi Februari 2024
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/mah.v3i01.15455

Abstract

Restitution is the compensation paid by a perpetrator, as determined by a court with a final legal decision, to cover the material and/or immaterial losses suffered by the victim or their heirs. In cases involving child victims, restitution becomes obligatory for the perpetrator to compensate the victim for their losses. This demonstrates the perpetrator's responsibility for actions that have harmed the victim, their family, or heirs, in accordance with Article 71 D Paragraph (2) of Law Number 35 of 2014, which amends Law number 23 of 2002 concerning Child Protection. Restitution, as a form of compensation for victims of crimes, aligns with the Principle of Restoration to its Original Condition (restitutio in integrum), aiming to restore victims to their state before the crime, although complete restoration may not be possible. It emphasizes a holistic recovery approach, addressing various aspects resulting from the crime's consequences. Through restitution, victims can recover their freedom, legal rights, social status, family life, citizenship, residence, employment, and assets. The research will be conducted at the Belawan Police, Medan LPSK, and Bagan Deli Belawan Village.
Co-Authors Jelly Leviza Lidya Rahmadani Hasibuan, Lidya Rahmadani Sutiarnoto Sutiarnoto