scholarly journals PERLINDUNGAN HUKUM TERHADAP HAK ASASI ANAK YANG MENJADI KORBAN KEKERASAN

2018 ◽  
Vol 18 (1) ◽  
pp. 151-162
Author(s):  
Zuraidah Azkia ◽  
Muhamad Sadi Is
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Legal Protection ◽  
Law Reform ◽  
Legal Aid ◽  
Child Rights ◽  
Violence Against Children ◽  
The Future ◽  
The Government ◽  
Victims Of Violence

Child rights are an integral part of human rights so that the government must develop the obligation to protect, fulfill and respect the rights of children especially the rights of children who are victims of violence, because violence against children especially in Indonesia is increasing recently. Therefore, the form of legal protection against the rights of children who are victims of violence can be given in a repressive form that is done in a systematic way, through a series of programs, stimulation, training, education, prayer guidance, games and can also be provided through legal aid called advocacy and child protection laws. While the concept of legal protection of child rights in the future must do law reform of child protection system in Indonesia with the aim to give justice, certainty and benefit to children in Indonesia in particular so as to protect and guarantee the rights of children who become victims violence. In order for child protection law in Indonesia in the future to be able to really give protection to child rights which become victims of violence, then child protection law must be free from humanity principle based on human rights.  

scholarly journals Perlindungan Hukum Terhadap Anak Korban Kekerasan: Studi Kasus Putusan Pengadilan Negeri Gunungsitoli

2019 ◽  
Vol 1 (2) ◽  
pp. 117-125
Author(s):  
Hipotesa Hia ◽  
Mahmud Mulyadi ◽  
Taufik Siregar
Keyword(s):  
Child Protection ◽  
Legal Protection ◽  
District Court ◽  
Violence Against Children ◽  
Governmental Organizations ◽  
Positive Law ◽  
Non Governmental Organizations ◽  
Legal Obligations ◽  
The Government ◽  
Victims Of Violence

The purpose and benefits of this research are to find out violence against children in Gunungsitoli court, to find out legal efforts in protecting children against child abuse, to find out the inhibiting factors in protecting children in Gunungsitoli District Court. The benefit is to provide input to the Gunungsitoli district court regarding legal protection for victims of violence. This research is analytical descriptive, which means describing the facts studied and the relationship with the legislation, theories, and opinions of legal experts. Conclusions and advice on legal protection according to positive law Indonesia never guarantees the fulfillment of children's rights, especially the rights of children who receive an education. Hereby the state's legal obligations in child protection will depend on the positive laws that exist in the country, so that child protection can be adequate in the application of children, and efforts to protect children need support from the government and the community in terms of effective and comprehensive child comfort. In this case, given the increase in violence against children every year, it is necessary to have the legal protection that must be taken seriously by the government, the community and other non-governmental organizations.

scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA

2018 ◽  
Vol 4 (1) ◽  
pp. 141
Author(s):  
Muhammad Fachri Said
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Research ◽  
Descriptive Research ◽  
The Common ◽  
The Government

This study aims to analyze the problem of legal protection for children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. The research method used is descriptive research with the type of incorporation of normative legal research with sociological legal research related to the implementation of legal protection for children in the perspective of human rights. The results of the study show that the results of this study are the legal protection of children in the perspective of human rights in essence is an effort made by parents, government and society to fulfill and guarantee all children's rights that have been guaranteed in the convention of children's rights and laws Number 35 of 2014 concerning Child Protection. Legal protection for children in the perspective of human rights is less implemented because the government has not implemented its obligations in fulfilling children's rights so that there are still legal violations of children. The recommendation of this research is to implement legal protection for children in the perspective of human rights, parents should be fully responsible for the behavior of children and the government establishes policies that are in line with the wishes of the community, so that the common perception between parents, government and society is realized in fulfilling the rights child.

scholarly journals TINDAKAN KEBIRI BAGI PELAKU KEKERASAN SEKSUAL TERHADAP ANAK (Kajian Perspektif Hukum Islam dan Hukum Positif di Indonesia)

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Desy Maryani
Keyword(s):  
Human Rights ◽  
Sexual Violence ◽  
Child Protection ◽  
Criminal Code ◽  
The Other ◽  
Human Being ◽  
Legal Policy ◽  
Violence Against Children ◽  
Men 2 ◽  
The Government

The government needs to re-examine the provision of additional punishment that is considered a violation of human rights violated human rights and not in accordance with Islamic Shari'a. The results of the study show that (1) the punishment of the noble violates the Shari'a of Islam so it is forbidden with three reasons: a) Islamic shari'ah has unlawfully prohibited the human being, without any dissenting opinion (khilafiyah) among fuqaha, b) Islamic shariah has set penalties for pedophile who commit acts of immorality and rape according to the details of the facts of his deeds, so that it may not (haram) carry out any kind of punishment outside the provisions of Islamic Sharia, c) in the case of the method of using a chemical injection method, namely injected estrogen hormone, from the other side, because it resulted in castrated men having physical characteristics such as women. Yet Islam has forbidden men to resemble women or vice versa women resemble men. (2) In the regulation of legal policy for perpetrators of sexual violence against children is contained in the Criminal Code and the issuance of Law no. Law No. 23 of 2002, Law no. 35 of 2014 until the issuance of Law no. 1 Year 2016 on Child Protection

scholarly journals Upaya Pencegahan Kekerasan Terhadap Anak dimasa Pandemi Covid-19

2021 ◽  
Vol 2 (3) ◽  
pp. 531-537
Author(s):  
Ni Made Wismantari ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Data Analysis ◽  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Violence Against Children ◽  
Analysis Techniques ◽  
Secondary Sources ◽  
The Government ◽  
Victims Of Violence ◽  
Materials Used

The Covid-19 pandemic has had the worst impact, namely the increased vulnerability of children to become victims of violence. The Covid-19 pandemic has stimulated an increase in cases of violence against children, so in this case a legal protection is needed to fulfill the rights obtained for every child. The purposes of this study are to reveal legal arrangements in an effort to prevent violence against children during the COVID-19 pandemic as well as legal protection for children who experience violence during the COVID-19 pandemic. The research method used in this research is normative legal research with a statutory approach. The technique of collecting legal materials used in this research is the study of documents or library materials. The sources of legal materials used are primary and secondary sources of legal materials. The data analysis techniques were analyzed qualitatively and presented descriptively. The results of the study revealed that the government's efforts to prevent violence against children during the Covid-19 Pandemic were pursued through preventive legal protection with the aim of preventing violations before the occurrence of violations and repressive legal protection in the form of sanctions such as fines, imprisonment, and additional penalties given if a dispute has occurred or has occurred. a violation is committed. All parties, both families and the government, should try to protect children from all acts of violence.

scholarly journals PENERAPAN HUKUMAN TINDAKAN KEBIRI KIMIA DALAM PERSPEKTIF HAK ASASI MANUSIA

2020 ◽  
Vol 3 (1) ◽  
pp. 26-34
Author(s):  
Messy Rachel Mariana Hutapea
Keyword(s):  
Human Rights ◽  
Sexual Violence ◽  
Child Protection ◽  
Government Regulation ◽  
Negative Impact ◽  
Chemical Castration ◽  
Violence Against Children ◽  
Second Amendment ◽  
Pros And Cons ◽  
The Government

Children are still victims of sexual violence by perpetrators who are stronger than victims. Children who are victims of sexual violence have a negative impact on the psychic and mental, so that children will have trauma that is difficult to be eliminated or even prolonged trauma. So that the government established the Law Number 17 of 2016 concerning the Establishment of the Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection into Law. In the laws and regulations, it has been regulated regarding the castration penalty of chemistry. Indonesia is a country that still upholds all human rights possessed by every community in Indonesia without discrimination. This chemical castration execution raises the pros and cons in people's lives. So this chemical castration is considered to have violated the Human Rights of perpetrators of sexual violence against children. This research wants to dig deeper about the use of chemical castration punishment in perpetrators of recurrent crimes in the human rights perspective. This study uses normative research methods with conceptual and legislative approaches. Chemical castration has not been one of the effective penalties and provides a deterrent for perpetrators of sexual violence, so the laws governing chemical castration punishment need to be reviewed.Anak masih menjadi korban kekerasan seksual yang dilakukan oleh para pelaku yang lebih kuat dari korban. Anak yang menjadi korban kekerasan seksual mendapatkan dampak yang negatif terhadap psikis dan batinnya, sehingga anak akan memiliki trauma yang susah untuk dihilangkan atau bahkan trauma tersebut berkepanjangan. Sehingga pemerintah membentuk peraturan Undang-Undang Nomor 17 tahun 2016 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 tahun 2016 tentang Perubahan Kedua atas Undang-undang Nomor 23 tahun 2002 tentang Perlindungan Anak menjadi Undang-Undang. Didalam peraturan perundang-undangan tersebut, telah diatur tentang hukuman kebiri kimia. Indonesia adalah negara yang masih menjunjung setiap Hak Asasi Manusia yang dimiliki oleh setiap masyarakat di Indonesia tanpa adanya diskriminasi. Eksekusi kebiri kimia ini menimbulkan pro dan kontra didalam kehidupan masyarakat. Sehingga kebiri kimia ini dianggap telah melanggar Hak Asasi Manusia dari pelaku kekerasan seksual terhadap anak. Penelitian ini ingin menggali lebih dalam tentang penggunaan hukuman kebiri kimia pada pelaku kejahatan berulang dalam persektif hak asasi manusia. Penelitian ini menggunakan metode penelitian normative dengan endekatan konseptual dan perundang-undangan. Kebiri kimia belum menjadi salah satu hukuman yang efektif dan membuat jera untuk pelaku kekerasan seksual, Sehingga undang-undang yang mengatur tentang hukuman kebiri kimia perlu dikaji ulang.

scholarly journals Analisis Perlindungan Hukum Terhadap Tindak Kekerasan pada Anak di Indonesia

2019 ◽  
Vol 3 (1) ◽  
pp. 41
Author(s):  
Alycia Sandra Dina Andhini ◽  
Ridwan Arifin
Keyword(s):  
Legal Protection ◽  
Violence Against Children ◽  
The Law ◽  
The Government ◽  
Victims Of Violence

Violence against children in Indonesia from time to time continues to occur and increasingly various forms. In fact, children are the successors and assets owned by the nation that will maintain and realize the ideals of the nation. Pindakan is a behavior that violates the law and will be given sanctions to the perpetrators who do this. At present many crimes are often carried out such as violence. Violence is an arbitrary act carried out by someone with the aim of hurting physically and psychologically. Parents have an important role to maintain and protect but actually acts of violence against children are carried out by their closest people like parents. Then the need for a way so that acts of violence against children are not continuously carried out and must be given firm action by the government to the perpetrators who did this. This paper examines how legal protection efforts for children as victims of violence that occurred in Indonesia.

scholarly journals The Role of Tertiary Institutions in Increasing Understanding of The Protection of Child Abuse Laws in Communities in Sukabumi

2021 ◽  
Vol 5 (10) ◽  
pp. 35-41
Author(s):  
R.Eriska Ginalita Dwi Putri ◽  
Haidan Angga Kusumah ◽  
Asti Sri Mulyanti
Keyword(s):  
Child Abuse ◽  
Child Protection ◽  
Negative Impact ◽  
Legal Protection ◽  
Tertiary Institutions ◽  
Community Environment ◽  
Violence Against Children ◽  
Sense Of Security ◽  
The Family ◽  
Victims Of Violence

Violence against children can always occur in situations and conditions at any time and thing this can be caused by conflicts that occur both within the family and community environment. In the family sphere, conflicts usually occur within the household committed by husbands and wives whose effects can lead to an outlet of violence against children that have a negative impact on physical, psychological, mental, which contrary to Law No. 35 of 2014 concerning Child Protection. 1 Likewise, in the community environment, problems often arise violence against children as a result of wrong relationships and the environment of that society itself which is not good, which is done by irresponsible people, namely sexual violence against children. So it needs protection by the state and society, which aims to provide a sense of security to children as victims as well as crack down on the culprit. Higher education as an institution that can spread values the value of kindness and understanding of the enforcement of cases of child abuse and also from the college will produce human resources who have competence to handle cases of child abuse, as well as being able to provide input and improvement of laws and regulations and policies relating to legal protection for children who are victims of violence.

scholarly journals The Application of Castration to Child Sex Offenders as Legal Protection for Children as Sexual Crimes Victims

2021 ◽  
Vol 04 (05) ◽  
Author(s):  
Rizka Junisa Dayani ◽  
Keyword(s):  
Sex Offenders ◽  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Government Regulations ◽  
Sexual Crimes ◽  
Violence Against Children ◽  
Second Amendment ◽  
Library Research ◽  
The Government

Many cases of sexual crimes against children are happening in society nowadays. Such as cases of sexual violence against children who are victims of pedophilia, cases of rape, cases of rape, and murder. This makes Indonesia an emergency for sexual crimes against children. The research method used was normative juridical. The research specification used was to describe the existing problem (descriptive-analytical), while the data collection method used was library research and documents to be analyzed descriptively-analytically, namely literature and document studies. Indonesia has become a sexual emergency with various cases of sexual crimes against children. To tackle cases of sexual crimes against children, the government made a new regulation with the addition of an additional punishment in the form of castration. The additional punishment of castration against perpetrators of sexual crimes against children is regulated in Law Number 17 of 2016 concerning Stipulation of Government Regulations in Lieu of Law Number 1 of 2016 concerning Child Protection (Perppu on Castration) Second Amendment to Law Number 23 of 2002 concerning Protection Child.

scholarly journals Legal Protection for Children as Victims of Violence

2021 ◽  
Vol 2 (4) ◽  
pp. 515-526
Author(s):  
Evan Ferdiyan Rachmanto
Keyword(s):  
Adult Children ◽  
Child Protection ◽  
Legal Protection ◽  
Human Right ◽  
Violence Against Children ◽  
Positive Law ◽  
The Law ◽  
Victims Of Violence

A child contains human right, including those employing adult, children do not have much to think about and take concrete steps. In Indonesian, laws relating to Positive Law, is The Law No. 23 of 2002 on Child Protection have been amended by Law No. 35 of  2014 on Child Protection, which is very significant in reducing the level of violence against children. Legal protection for Children begins early in the womb birth. In its development there are children are in the environment is full of violence. Various social deviations that occur in the community more and most of the children. So that the perpetrators of violence do not feel deterred and no longer do the crime.

REPOSITION OF CHILD PROTECTION THROUGH THE ENFORCEMENT OF HUMAN RIGHTS AND CONSTITUTIONAL RIGHTS

2020 ◽  
Vol 9 (2) ◽  
pp. 314
Author(s):  
Nanik Trihastuti ◽  
Stephanie Apsari Putri
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Rights ◽  
Constitutional Rights ◽  
Applicable Law ◽  
Violence Against Children ◽  
The Government ◽  
Legal Subjects

The number of violations of children’s rights in the form of exploitation and violence against children is increasing in Indonesia. The increase is due to the lack of understanding of children’s rights from related parties. Repositioning children’s rights is needed because children need a specific right and specific protection under a specific human rights framework, so that they do not lose power when establishing relationships with adults; where at this point, children are very vulnerable to treatment discriminatory. The repositioning of children’s rights is carried out by making a protection and enforcement of human rights as guaranteed constitutional rights, which is based on the understanding that human rights are human rights in toto and not merely as an individual’s legal rights in their capacity as legal subjects that are legally listed in the applicable law. The failure of the government to carry out this obligation is violation by omission.

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