scholarly journals Children Under the Age as the Victim of Sexual Crimes

2018 ◽  
Vol 54 ◽  
pp. 08011
Author(s):  
Vience Ratna Multi Wijaya
Keyword(s):  
Human Dignity ◽  
Legal Protection ◽  
Secondary Data ◽  
Crime Victims ◽  
Sexual Crimes ◽  
Sexual Crime ◽  
Article 59 ◽  
Criminal Sanctions ◽  
Victims Of Crime ◽  
Special Protection

Children is the next generation of a nation and state. Therefore, it is necessary for them to get special protection both physically, mentally and socially. In order to realize the fulfillment of the children’s rights. Legal Protection under Article 1 Sub-Article 2 of Law Number 35 of 2014 is all activities to guarantee, protect children and their right to live, grow, develop and participate optimally in accordance with human dignity and protection from violence and discrimination. One of the violence experienced by underage children is sexual crime victims. As for the issue: How is protection given to the law of children who are the victim of sexual crime? This study is Normative and uses secondary data, and analyzed qualitatively and is descriptive with approach refers to legislation such as Law No. 35 of 2014 jo Law No. 23 of 2002, Act NO. 17 of 2016, Law No. 39 of 1997. Results of legal protection research on children under the age of victims of crime in accordance with Article 59 paragraph 2 and Article 66 of Law No. 35 of 2014, and severe criminal sanctions on Law no. 17 year 2016, while prevention there should be cooperation between all parties KPAI, Government, Family and Society.

scholarly journals Legal Protection for Cyber Crime Victims on Victimological Perspective

2018 ◽  
Vol 54 ◽  
pp. 08004
Author(s):  
Angkasa
Keyword(s):  
Qualitative Research ◽  
Justice System ◽  
Legal Protection ◽  
Crime Victims ◽  
Research Approach ◽  
Child Victims ◽  
Cyber Crime ◽  
Child Victim ◽  
Victims Of Crime ◽  
Source Of Error

All this time, a second victimization in a criminal justice system is considered to be an identical problem for the victims of crime. Thus, it is fair if the whole assessment is more oriented to the legal protection for the victims, especially the child victims in the crime of fornication and coition. However, when viewed from different sides, the source of error is not always absolute to the perpetrator but also because of the victim precipitation. This study examines the victim precipitation and its prevention with the aim to understand the degree of victim precipitation and the proportional prevention, that is not only from the aspect of the perpetrators but also from the aspect of the child victim and the community who have the potential to become victims. This research was conducted in the jurisdiction of Purwokerto City and Banyumas Regency, using sociological juridical research and qualitative research approach. The results show that there are several forms of victim precipitation in the crime of sexual fornication and coition to the child. Meanwhile, the prevention must be conducted comprehensively, either from the internal of the victim, or externally from various related parties.

scholarly journals Reforming the Compensation Model to Victims of Crime in Indonesia

2018 ◽  
Vol 54 ◽  
pp. 08005
Author(s):  
Hanafi Amrani
Keyword(s):  
Restorative Justice ◽  
Secondary Data ◽  
Crime Victims ◽  
The State ◽  
Literature Study ◽  
Compensation Model ◽  
State Compensation ◽  
Protection Of Human Rights ◽  
Victims Of Crime ◽  
The Ideal

Indonesia has an obligation to place the protection of human rights against all its citizens, as well as in ensuring compensation for certain victims of crime. Ironically, the conceptual issues such as the inclusion of compensation on the existence of criminals who provide restitution, the unclear technical implementation in the normative legitimacy, as well as the financial problems of the state for compensation show that the compensation for crime victims in Indonesia is still problematic. This study focuses on the ideal idea of reforming the model, form and mechanism for providing compensation to victims of crime in Indonesia. This research uses normative research with secondary data. The approach taken include philosophical, legislation and conceptual, and analyzed descriptively qualitative through literature study. The results of research are; first, the state compensation of crime victims conceptually, juridically and practically has not been able to show the effectiveness of providing compensation for victims of crime; second, reconceptualizing the compensation model through an extra-judicial path, with a material and non-material compensation shape, and using a mechanism that focuses on the involvement of all parties as the concept of restorative justice is an alternative solution to compensation for crime victims in the future.

scholarly journals Perbandingan Pengaturan Perlindungan Saksi Tindak Pidana Pencucian Uang

2021 ◽  
Vol 2 (1) ◽  
pp. 1-16
Author(s):  
Ahmad Dahlan ◽  
Usman Usman ◽  
Herry Liyus
Keyword(s):  
Data Collection ◽  
Money Laundering ◽  
Legal Protection ◽  
Secondary Data ◽  
Analysis Techniques ◽  
Library Research ◽  
The Family ◽  
National Police ◽  
Made In ◽  
Special Protection

This article aims to find out and analyze the similarities and differences in the protection of witnesses to the crime of money laundering in law of Indonesia and Malaysia. The research method used is normative juridicial. The data collection techniques used are secondary data collection that carried out by library research to collect and compile data related to the problem under study, by taking an inventory and studying laws and regulations, books , writings and documents related to the issues that the author examined. The data analysis techniques with content analysis. The results obtained from this study are that the arrangements for witness protection in the Money Laundering Law in Indonesia and Malaysia are different. protected subjects (namely: witness, the reporter, the family of the witness/reporter) as well as the broader arrangements in Indonesia as well as in its implementation special protection arrangements have been made in the PP and Decree of the Chief of the Indonesian National Police. Protection provided at all stages of case examination, in the form of special and legal protections. Whereas in Malaysia, the implementation only refers to the provisions of witness protection. Protection only takes the form of legal protection provided to reporting witnesses only, so that during the trial process , a witness has no protection. Abstrak Artikel ini bertujuan untuk mengetahui dan menganalisis persamaan dan perbedaan perlindungan saksi tindak pidana pencucian uang di Indonesia dan Malaysia. Jenis penelitian yuridis  normatif. Teknik pengumpulan data yang digunakan yaitu melalui pengumpulan data-data sekunder. Teknik pengumpulan data dilakukan dengan studi kepustakaan untuk mengumpulkan dan menyusun data yang berhubungan dengan masalah yang diteliti, dengan cara menginventarisasi dan mempelajari peraturan perundang- undangan, buku-buku, tulisan-tulisan dan dokumen yang berhubungan dengan masalah yang penulis teliti. Teknik analisis data dengan analisis isi (content). Hasil yang diperoleh dari penelitian ini yaitu bahwa pengaturan perlindungan saksi di Indonesia dan Malaysia adalah berbeda. Dalam hal subjek yang dilindungi (yaitu: saksi, pelapor, keluarga saksi/pelapor). Perlindungan yang diberikan pada semua tahap pemeriksaan perkara, dalam bentuk perlindungan khusus dan hukum. Sedangkan di Malaysia, pelaksanaanya hanya merujuk pada ketentuan perlindungan saksi. Perlindungan hanya berupa perlindungan hukum yang diberikan kepada saksi pelapor saja, sehingga dalam selama proses persidangan, seorang saksi tidak mendapat perlindungan.

scholarly journals Tinjauan Yuridis Terhadap Pelaku Penelantaran Anak Berdasarkan Undang-undang Perlindungan Anak

2021 ◽  
Vol 2 (3) ◽  
pp. 542-546
Author(s):  
I Putu Gede Fajar Riski Andika ◽  
I Nyoman Gede Sugiartha ◽  
Luh Putu Suryani
Keyword(s):  
Child Neglect ◽  
Legal Protection ◽  
Secondary Data ◽  
Data Sources ◽  
Legal Norms ◽  
Criminal Sanctions ◽  
Neglected Children ◽  
Recording Techniques

Child neglect is a phenomenon that often occurs in society which means that adults fail to take responsibility for providing various needs or adequate needs for the child. This can be seen from the needs such as clothing, food, shelter, education to the health of the child himself. This study aims to examine the legal protection of children who are victims of neglect and uncover criminal sanctions against perpetrators of neglect of children. This study uses a normative method considering that there is still a lack of legal norms, with a legislative approach. The data sources used are primary and secondary data obtained through library or recording techniques. After the data is collected, it is then processed descriptively qualitatively. Legal protection for neglected children is a right for every citizen, especially children, which can be divided into preventive and repressive protection. Law Number 35 of 2014, regulates various matters relating to the protection of children about what is prohibited until the sanctions in Article 76B contain that all forms of exploitation such as neglect and involving children in bad or wrong conditions can be subject to the threat of punishment as stated in Article 77B sentenced to imprisonment for 5 years or a fine of up to IDR 100,000,000.

scholarly journals Penyelesaian Wanprestasi simpan Pinjam pada Koperasi danu Artha

2021 ◽  
Vol 2 (3) ◽  
pp. 616-621
Author(s):  
Ida Bagus Gede Krismantara Manuaba ◽  
Anak Agung Sagung Laksmi Dewim ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Human Dignity ◽  
National Economy ◽  
Common Ground ◽  
Legal Protection ◽  
Secondary Data ◽  
Data Sources ◽  
Sociological Approach ◽  
Conceptual Problems

Cooperatives as pillars of the national economy are not only expected to be equal to other economic actors, namely BUMN and private sectors but also have a greater role in running an economy characterized by democracy. Legal protection is all forms of efforts to protect human dignity and human rights in the field of law. Legal protection is all forms of efforts to protect human dignity and human rights in the field of law. APS is the designation given to the grouping of dispute resolution through the process of negotiation, mediation, conciliation, and expert rights. This study aimed to examine the legal protections for the parties in the event of a default in the Danu Artha Cooperative and reveal how to resolve the parties who enter into an agreement if there is a default in the Danu Artha Cooperative. This study was designed using empirical research with a sociological approach, regulations, conceptual problems, and cases. The data sources used were primary and secondary data. The results of the study revealed that legal protection in the agreement in cooperatives is important and is the basis for cooperatives in running the cooperative business, and dispute resolution against parties who default is carried out through non-litigation and litigation channels. The non-litigation route did not find a common ground so that the dispute was brought and resolved at the State Receivables and Auctions Agency.

scholarly journals Perlindungan Hukum Terhadap Anak Korban Eksploitasi Seksual Komersial Melalui Media Sosial

Media Iuris ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 197
Author(s):  
Mutiara Nastya Rizky ◽  
Risma Intan Fitriani ◽  
Muhammad Wahyu Sudibyo ◽  
Fatma Ayu Husnasari ◽  
Firmansyah Maulana
Keyword(s):  
Social Media ◽  
Rule Of Law ◽  
Sexual Exploitation ◽  
Legal Protection ◽  
Point Of View ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Sexual Crimes ◽  
Sexual Crime ◽  
Technological Advances

Today, the crime rate is increasing, one of the trigger is due to the advances in the field of technology and information. Thus not a few people who use technological advances as a crime media to make money. Most of them use children as objects because children are easily persuaded and seduced to get something. One example of a crime that uses a child as an object is a sexual crime. These children are exploited as sexual disseminators disseminated through social media. Looking at the children's point of view as a weak individual then in Indonesia Law number 35 of 2014 was born to ensure that children can grow and develop optimally. So the law is regulated in detail about the rights of children and protection of children as victims of crime. On the other hand, there are several laws that regulate sexual crimes whether committed in cyberspace or not. Because of the importance of providing protection to children, there is more than one rule of law to protect children as victims of sexual crimes through social media. So the systematic specialist principle should be applied to provide legal certainty against the children. The purpose of this research was to determine the legal protection of children as victims of sexual exploitation through social media and the application of lex specialist systematic principles in the case of children as victims of sexual abuse through social media. To be able to answer existing legal problems, the research method is used with the type of doctrinal research and statute approach and conceptual approach. From this research, it can be obtained the results that in the application of the lex systematic specialist principle is based on case.

scholarly journals Legal Protection of Street Children for Exploitation in Criminal Law Perspectives

2020 ◽  
Vol 5 (1) ◽  
pp. 15-20
Author(s):  
Esa Arung Syuhada
Keyword(s):  
Street Children ◽  
Analytical Data ◽  
Legal Protection ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
The Road ◽  
Criminal Sanctions ◽  
Analytical Research ◽  
On The Road

Article 34 paragraph 1 of the 1945 Constitution states that "the poor and neglected children are maintained by the state. The research method uses normative law, specifications of descriptive analytical research, primary data sources and additional data sources, primary data collection methods and secondary data sources, the method of presenting data is descriptive analytical, data analysis methods of legal material analysis techniques using content analysis.Research results show that the factors that cause the emergence of street children in the Kendal area are economic factors, unemployment, low parent income. The efforts of Kendal District Social Service in handling street children formally and non-formally in Kendal are Preventive Efforts, Repressive Efforts, Rehabilitation Efforts. Legal protection for street children who commit criminal acts committed by street children in the Kendal area, handling is done through open houses. To provide alternatives other than open houses, other forms of opportunity use criminal sanctions as a last resort. street children who do the shopping on the road can be arrested. Then it is accommodated and then given a kind of action (maatregel) with the judge's decision entered into a special penitentiary or rehabilitation institution

scholarly journals Community Rights Facing Criminal Law in a Human Rights Perspective

2020 ◽  
Vol 1 (2) ◽  
pp. 113-119
Author(s):  
Harisman Harisman
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Human Dignity ◽  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Legal Assistance ◽  
Legal Research ◽  
Community Rights ◽  
The Impact

Legal protection is one form of human rights that must be obtained by everyone, especially with regard to the application of criminal law that can have the impact of violations and restrictions on the freedom of others as a form of human rights. It is not uncommon for people's rights to be questioned or even contested when dealing with criminal law. To answer this problem, a study was conducted using the legal research method through a normative jurudical approach which was intended to collect secondary data obtained from the literature in the form of primary legal materials, secondary legal materials and tertiary legal materials. The materials collected were analyzed qualitatively descriptive. Based on the analysis conducted, it is clearly seen that people's rights in criminal law are part of human rights that must get respect and protection in order to maintain human dignity through efforts that include: equality before the law, presumption of innocent, non-retroactive and legal assistance, and not tortured, punishment or cruel, inhumane treatment, degrading human dignity and dignity, and not treated arbitrarily.

scholarly journals LEGAL PROTECTION OF THE CRIME VICTIMS UNDER THE SWEDISH LAW OF XX—XXI CENTURIES (HISTORICAL AND LEGAL ANALYZE)

2016 ◽  
pp. 0-0
Author(s):  
Сергей Андрусенко ◽  
Sergey Andrusenko
Keyword(s):  
Criminal Law ◽  
Legal Protection ◽  
Crime Victims ◽  
Historical Background ◽  
International Studies ◽  
Legal Doctrine ◽  
Stage Of Development ◽  
Victims Of Crime ◽  
Theory Of Law ◽  
Law And Legislation

The present article analyzes the historical and legal issues of victims of crimes in Sweden. At the present stage of development of Swedish criminal law, the Institute of the rights of victims of crime in Sweden is one of the most developed. Criminal protection of victims of crimes in the Russian Federation attends relatively little attention. The history of formation of Institute of the rights of victims is a necessary foundation for the development of it in a modern Russian theory of law and legislation. The historical background of the Institute the rights of victims which has determined the contours of a modern understanding of the rights of victims, for example, was reflected in a Swedish law. Some elements of the criminal law concept of crime victims in Sweden, such as free legal assistance, certain elements of compensation (e.g., compensation for physical and moral damages) may be implemented in the domestic theory of law and legislation. International studies indicate that the level of victimization of the population of European countries, which show the number of actual victims of crimes, is at average of 16% of the total population. In this regard, the possibility of the reception of the Swedish legal doctrine devoted to the protection of victims of crime is of particular importance for the Russian theory of law.

scholarly journals Perlindungan Hukum Anak Nakal dalam Penjatuhan Sanksi Pidana

2020 ◽  
Vol 1 (2) ◽  
pp. 83-87
Author(s):  
I Made Dharma Putra ◽  
I Nyoman Putu Budiartha ◽  
A. Sagung Laksmi Dewi
Keyword(s):  
Child Protection ◽  
Juvenile Justice System ◽  
Legal Theory ◽  
Legal Protection ◽  
Secondary Data ◽  
Best Interests ◽  
Criminal Cases ◽  
Criminal Sanctions ◽  
Library Research ◽  
The Law

Children are an inseparable part of human survival and the survival of the nation and state. Today delinquency and crimes committed by children continues to increase, such as narcotics abuse, robbery, theft and rape, destruction of property and so on. When delinquency committed by children even leads to criminal acts, of course this is very disturbing for the community. The existence of legal protection for naughty children in criminal sanctions is of course very desirable for the best interests of children who are in conflict with the law. The method used in this research is normative legal research or what is also called the term library research by examining document studies using secondary data, namely laws, legal theory, expert opinion and so on. The result of this research is that the process of examining criminal cases against delinquents and starting investigations, arrests, detention, prosecution, trials and placement at the correctional center must pay attention to children's rights, as well as legal protection of delinquents in imposing criminal sanctions where child protection aims to provide guarantees for children in conflict with the law. In this case, special investigators for children, investigations with a family atmosphere, investigators do not use service attributes, duties to carry out diversity, child secrecy and arrest must of course put Restorative Justice, and the fall of criminal sanctions against children must be based on truth, justice and child welfare. So that Law Enforcement Apparatus both the Police as Investigators, Public Prosecutors, and Child Judges with the enactment of Law Number 11 of 2012 concerning the Juvenile Justice System.  

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