scholarly journals LEGAL PROTECTION FOR CHILDREN AS VICTIMS OF SEXUAL VIOLENCE IN FULFILLMENT RESTITUTION RIGHTS

2020 ◽  
Vol 9 (2) ◽  
pp. 262
Author(s):  
Niken Subekti Budi Utami ◽  
Imam Prabowo

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p><em>This is an empirical normative study, which aims to determine the legal protection for child victims of sexual violence in the context of law enforcement and the implementation of the right to restitution. In addition, the materials used were primary and secondary data. The legal instrument that implements the rights to restitution for children victims is the arrangement of articles that are unclear and incomplete, resulting in problems. However, bad judges prevent courts from implementing these rights. Unclear and incomplete rules on procedures concerning restitution rights have resulted in an understanding of law enforcement officials, especially in conducting the inter-court application process, and proceedings. Meanwhile, the human resource factors in supporting the fulfillment of restitution are deemed inadequate. The existence of a legal vacuum in the procedures for fulfilling these rights has made the public prosecutor to implement the court resolution and make innovation through consensus decision making.</em></p></td></tr></tbody></table></div>

2017 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Etik Purwaningsih

Sexual violence happened to children are often occurred, after the emergence of sexual cases in Jakarta International School (JIS). It began to arise attention to child victims of sexual violence. This paper aims to provide a review of the protection on child victims of sexual violence at this time. With the sociological juridical method, the primary data were obtained from direct interviews with law enforcement officers, while secondary data were obtained from literature references. The result shows that the legal protection does not pay attention on children as victim. The legal protection for children as victim sexual violence is expected to give punishment to the criminals in the form of payment of compensation to the victim whose amount is determined in the court, or fulfillment of the obligation of the Local custom or legal obligations that live in society or social and mental rehabilitation. If the convicted person tries to avoid giving the compensation, the convicted person is not entitled to a reduction in the criminal term and does not get conditional released.


2020 ◽  
Vol 1 (2) ◽  
pp. 137-150
Author(s):  
Mastur Mastur ◽  
Syamsuddin Pasamai ◽  
Abdul Agis

Penelitian bertujuan untuk menganalisis perlindungan hukum terhadap anak korban kekerasan seksual, dan menganalisis faktor yang mempengaruhi perlindungan hukum terhadap anak korban kekerasan seksual. Tipe penelitian ini adalah yuridis empiris. Hasil Penelitian bahwa; Perlindungan hukum terhadap anak yang menjadi korban kekerasan seksual dalam praktik penegakan hukum pidana oleh Kepolisian di Polewali Mandar adalah perlindungan dalam proses penyelidikan serta melalui upaya preventif/pencegahan dengan bekerja sama dengan Lembaga Swadaya Masyarakat (LSM) di Kabupaten Polewali. Sedangkan perlindungan hukum oleh Pengadilan Negeri Polewali adalah perlindungan dalam proses persidangan yang berupa korban anak tidak disumpah, hakim dalam memberikan pertanyaan sangat hati-hati dan tidak formal, serta adanya pendamping yang dipercaya oleh korban anak. Perlindungan hukum terhadap anak korban kekerasan seksual tidak berjalan secara efektif dikarenakan masih terdapat tindak kekerasan seksual anak yang pada kenyataannya saat ini masih banyak yang menimpa anak di Kabupaten Polewali Mandar. This study aims to analyze the legal protection of child victims of sexual violence, and to analyze the factors that influence the legal protection of child victims of sexual violence. This type of research is juridical empirical. Research results that; Legal protection for children who are victims of sexual violence in criminal law enforcement practices by the Police in Polewali Mandar is protection in the investigation process and through preventive / preventive measures in collaboration with Non-Governmental Organizations (NGOs) in Polewali Regency. Meanwhile, legal protection by the Polewali District Court is protection in the trial process in the form of child victims who are not sworn in, judges in giving questions are very careful and informal, and there is a companion who is trusted by child victims. Legal protection for child victims of sexual violence does not work effectively because there are still acts of child sexual violence which in fact currently still happen to many children in Polewali Mandar Regency. the factors that influence the legal protection of child victims of sexual violence. This type of research is juridical empirical. Research results that; Legal protection for children who are victims of sexual violence in criminal law enforcement practices by the Police in Polewali Mandar is protection in the investigation process and through preventive / preventive measures in collaboration with Non-Governmental Organizations (NGOs) in Polewali Regency. Meanwhile, legal protection by the Polewali District Court is protection in the trial process in the form of child victims who are not sworn in, judges in giving questions are very careful and informal, and there is a companion who is trusted by child victims. Legal protection for child victims of sexual violence does not work effectively because there are still acts of child sexual violence which in fact currently still happen to many children in Polewali Mandar Regency


2020 ◽  
Vol 3 (1) ◽  
pp. 25-42
Author(s):  
Dewi Lisnawati

ABSTRAKSetiap anak yang menjadi korban tindak pidana berhak mendapatkan restitusi seperti yang tertuang di dalam peraturan pelaksana dari Pasal 71 D Undang-Undang Perlindungan Anak No. 35 Tahun 2014 yakni Peraturan Pemerintah Nomor 43 Tahun 2017 tentang Pelaksanaan Restitusi Bagi Anak Yang Menjadi Korban Tindak Pidana. Pelaksanaan restitusi kepada korban hanya ditujukan kepada beberapa tindak pidana tertentu saja termasuk tindak pidana kekerasan seksual. Diterbitkannya Peraturan Pemerintah tersebut bertujuan untuk memberikan perlindungan hukum terhadap korban khususnya anak-anak atas penerapan hak restitusi. Penelitian ini termasuk tipologi penelitian hukum empiris. Hasil penelitian menunjukkan bahwa pelaksanaan restitusi bagi anak yang menjadi korban tindak pidana kekerasan seksual di Provinsi Riau berdasarkan Peraturan Pemerintah Nomor 43 tahun 2017 belum berjalan dengan baik. Hal ini disebabkan oleh beberapa kendala yakni kurangnya kesadaran dari aparat penegak hukum untuk mendorong terlaksananya restitusi bagi anak yang menjadi korban tindak pidana, administirasi pengajuan permohonan restitusi yang rumit, dan kendala restitusi yang tidak dibayarkan dan ketentuan dalam Peraturan Pemerintah Nomor 43 Tahun 2017 yang kurang jelas. Fokus penelitian ini adalah penerapan restitusi pada anak korban tindak pidana berdasarkan Peraturan Pemerintah Nomor 43 Tahun 2017.Kata kunci: restitusi; anak korban tindak pidana; kekerasan seksualABSTRAKEvery child who is a victim of a crime is entitled to get restitution as stipulated in the implementing regulations of Article 71 D of the Child Protection Act No. 35 of 2014 namely Government Regulation Number 43 of 2017 concerning Implementation of Restitution for Children Who Become Victims of Criminal Acts. The implementation of restitution to victims is only aimed at a number of specific criminal acts including sexual violence. The issuance of this Government Regulation aims to provide legal protection for victims, especially children, on the application of restitution rights so that they can run well. This research is a typology of empirical legal research. The results showed that the implementation of restitution for children who were victims of sexual violence in Riau Province based on Government Regulation No. 43 of 2017 has not gone well. This is caused by several constraints namely lack of awareness from law enforcement officials to encourage the implementation of restitution for children who are victims of criminal acts, administration of submission of complex restitution applications, and restitution constraints that are not paid and the unclear provisions in Government Regulation Number 43 of 2017. The focus of this research is on the provisions stipulated in Government Regulation Number 43 of 2017 concerning the implementation of restitution for children who are victims of criminal acts.Keywords: restitution; child victims of crime; sexual assault


2018 ◽  
Vol 1 (2) ◽  
pp. 405
Author(s):  
Dedy Nurjatmiko

Protection of child victims in law enforcement process is essential to ensure the fairness of the essentials, in addition to criminal punishment to the perpetrators of the crime. This study aims to determine and analyze the consideration Requisitor prosecutors of the State Prosecutor of the case the defendant Child in Kudus of the rights of child victims. The method used in this research is juridical empirical method. Specifications research the authors use the descriptive analysis. Data collected in-depth interviews with the parties involved in research, direct observation and recording of documents. The survey results revealed the consideration of the Public Prosecutor in Requisitor yet fully protect the rights, rights of the victim, such as notifying the right to restitution.Keywords: Protection of Child Victims; Consideration Requisitor Public Prosecutor; �Restitution


2019 ◽  
Vol 7 (2) ◽  
pp. 196
Author(s):  
Dewi Prapmasari ◽  
M. Hudi Asrori S.

<p>Abstract<br />This article aims to determine the perceptions of sellers and buyers about the sale of pirated VCD DVDs regulated in Law No. 28 of 2014 concerning Copyright and to know what factors can improve their legal protection.. The research methodology used is empirical research, namely  secondary data published, for further research on primary data in the field or for the community.  Legal research materials used are primary and secondary legal materials, techniques used in collecting legal materials are observation, interviews and study of documents or library materials. The results of the research show that the Copyright Law makes songs and music works as one of the protected creations, but there are still many people who do copyright by trading pirated DVDs or VCDs. The perception of the seller who is related to the Copyright Law concerning the need for the Act so as not to involve copyrighted parties, but there must also be a policy that<br />no related party sells pirated VCDs or DVDs. In law enforcement the Copyright Act has several inhibiting factors, namely the legal factors themselves, law enforcement factors, facilities factors, community factors, cultural factors.</p><p>Keywords: Offense; Copyright; Pirated VCD or DVD.</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui persepsi para pelaku jualbeli mengenai penjualan DVD  atau VCD bajakan yang diatur dalam Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta dan mengetahui faktor-faktor apa saja yang menghambat perlindungan hukumnya. Metodologi penelitian yang digunakan adalah penelitian empiris, yaitu meneliti data sekunder pada awalnya,  untuk kemudian dilanjutkan penelitian terhadap data primer di lapangan atau terhadap masyarakat.  Bahan penelitian hukum yang digunakan adalah bahan hukum primer dan sekunder, teknik yang digunakan dalam pengumpulan bahan hukum adalah observasi, wawancara dan studi dokumen atau bahan pustaka. Hasil penelitian menunjukkan Undang- Undang Hak Cipta menjadikan karya lagu dan musik sebagai salah satu ciptaan yang dilindungi, namun masih banyak masyarakat yang melakukan pelanggaran hak cipta dengan memperjualbelikan DVD atau VCD bajakan. Persepsi para pelaku jualbeli terkait Undang-Undang Hak Cipta ialah pentingnya keberadaan UndangUndang tersebut agar tidak merugikan pihak pemegang hak cipta, namun perlu ada kebijakan agar tidak merugikan pihak pelaku jualbeli VCD atau DVD bajakan. Dalam penegakan hukum Undang-Undang Hak Cipta terdapat beberapa faktor yang penghambat yaitu faktor hukumnya  sendiri, faktor penegak hukum, faktor sarana dan fasilitas, faktor masyarakat, faktor kebudayaan.</p><p>Kata Kunci: Pelanggaran; Hak Cipta; VCD atau DVD Bajakan.</p>


2020 ◽  
Vol 1 (1) ◽  
pp. 139-144
Author(s):  
I Putu Arta Setiawan ◽  
I Wayan Rideng ◽  
Ni Made Sukaryati Karma

Cases of molestation against children are rife today. This is a problem that becomes the duty of law enforcement officers and the community to fight. Abuse of children is carried out by offenders to fulfill thier lust and also because of sexual abnormalities. Related to this problem, law enforcement agencies in particular and the community must play an active role in making efforts to overcome these problems. Imposition of sanctions is a repressive effort that can be done to provide a deterrent effect for the perpetrators. Based on this problem, this study was conducted to describe how the legal protection of child victims of sexual abuse and how sanctions for perpetrators of sexual abuse of children. This study used a normative method, and research data are sourced from the opinions of legal scholars and the Law. The results of this study indicate that the government and the community are required to provide special protection such as rehabilitation efforts and keep victims from surrounding labeling or suffering from their identity as victims of sexual abuse or violence, as Article 64 Paragraph (1) and (3) of Law Number 23 Year 2002 JO Law Number 35 of 2014 concerning Child Protection regulates it. Based on Decision Number 29 / Pid. Sus-Anak / 2018 / PN Dps determined that the defendant BASID fulfilled the elements of the formulation in Article 82 paragraph (1) Jo Article 76 E of the Child Protection Act No. 35 of 2014 concerning amendments to the Law of the Republic of Indonesia Number 23 of 2002 concerning child protection and was sentenced to 13 (thirteen) years in prison along with job training at Mercy Indonesia Foundation Jalan Intan LC II Gang IV No.1 Gatot Subroto Denpasar for 6 (six) months as in a single indictment of the Public Prosecutor


Author(s):  
Siswantari Pratiwi

Children are often considered to be weak, innocent, and easily deceived, when children are free from parental supervision, they are vulnerable to being victims of sexual violence by immoral people who want to satisfy their sexual desires without thinking about the suffering they have to go through. Various rules have been arranged to protect children, but in reality, sexual violence against children continues to occur, this has led to public unrest, especially parents. For this reason, this study was conducted to find out how much the child victims of sexual violence have the highest priority to get protection in law enforcement practices so far. Data analysis techniques used a normative juridical research approach, and the results of interviews with informants as well as an analysis of court decisions on cases of sexual violence against children, in DKI Jakarta and Bekasi. The research proves that protecting children as victims of sexual violence is not limited to applying criminal sanctions or fines on the perpetrators, but must be accompanied by other protections such as assistance, granting their rights to obtain compensation, restitution, and assistance as mandated by law. Ideally, protection for the victim is given at every examination process until the criminal conviction. This is done to realize fair and beneficial law enforcement for children. The protection of children as victims of sexual violence has not been in favor of the interests of victims, the rights of children as victims such as the provision of compensation, restitution, and assistance to victims have not been implemented properly. This is because there is still a lack of understanding of law enforcement officials and the public about the importance of protecting victims. Therefore, as a protection effort that can be done, it is necessary to build a criminal justice system that is more in favor of the interests of children as victims, as well as improvements to the rules so that it is more in the interests of the victims. As soon as possible the regulation of the law is issued as a guideline for executing sentences so as not to cause controversy in the community. Through the application of sanctions that are just and impartial to the interests of the perpetrators, then justice for the victims will be realized.


2020 ◽  
Vol 1 (1) ◽  
pp. 12-23
Author(s):  
Suwandi Suwandi

This research aims to find out the implementation of criminal protection against child victims of criminal acts against child victims of sexual violence in Jombang District. This research uses empirical juridical methods, namely research in the form of empirical studies to find theories regarding the implementation of legal protection for children who are victims of criminal acts of sexual violence in Jombang. Data sources were obtained from literature, applicable legislation and interviews with the Protection Unit for Women and Children at the Jombang Regional Police. Analysis of the data used is a qualitative approach to primary data and secondary data. The results of the study can be concluded that the implementation of legal protection provided by the Jombang Regional Police Unit for children who are victims of criminal acts of sexual violence is to conceal the identity of the victim, provide counseling outside the legal channels, conduct investigations, provide a Notification of the Progress of Investigation (SP2HP), cooperating with Non-Governmental Organizations (NGOs).


Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 485
Author(s):  
Muhammad Hilmi Akhsin ◽  
Anis Mashdurohatun

ABSTRACTFiduciary agreements by notarial deed are not sufficient, but should be continued with fiduciary registrants. Fiduciary agreements set forth in notarial deeds without registration do not grant preferential rights to fiduciary recipients. Whereas the objective of Law Number 42 Year 1999 is basically to provide legal protection for creditors from losses caused by default from debtor. From this, the authors in this thesis take the title "Consequences of Fiduciary Guaranty Laws Not Registered According to Law Number 42 Year 1999." With the scope of the issues covered include: (1) How the procedure or implementation of credit with fiduciary guarantee in Indonesia; (2) What are the constraints and solutions in the implementation of credit with fiduciary guarantee in Indonesia, and (3) What are the consequences of fiduciary guarantee law enlisted under Law No. 42 of 1999.To obtain the results of research from these problems, the authors use the scientific method with an approach that is juridical empirical and normatiif. Empirically that is researching secondary data first and then continued by conducting research of primary data in field. The jurisdiction is to study the rules that exist with the problem in the perusal.Furthermore, from the results of the research can obtain the understanding that the first, that the credit agreement made by debtors and creditors is the principal agreement that refers to the general principles of the agreement, while the imposition of fiduciary collateral meruapakan follow-up agreement or accesoir, which registers it has been regulated by Law No. 42 of 1999 , And set further through Government Regulation No. 21 of 2015; Second, the registration of fiduciary security is a creditor's obligation, but sometimes the creditor does not register it, for cost reasons or because the treaty deed is made under the hand. Therefore, the right of the fiduciary guarantee certificate is categorized as a treaty under the hand. Therefore, the solution taken by the creditors can make the settlement by deliberation or applying through the judiciary. Third, Fiduciary Guarantees must be made by the Deed of Natariil (Notarial Deed) and registered to the Office of the Ministry of Justice and Human Rights, in order to have executorial power, in addition, the creditor will obtain the preferred right. If fiduciary warranties are not made under the hands and are not registered in accordance with legislative provisions, they have no executorial force, and the right of preference and may become void (vernitigbarheid).Whereas to further realize the main principle of Fiduciary Guarantee provides legal protection for the parties, it is necessary to revise the regulation of fiduciary guarantee in legislation in order to give more legal certainty.Keywords: Fiduciary Security, Registration Procedures, and Legal EffectsABSTRACT Fiduciary agreements by notarial deed are not sufficient, but should be continued with fiduciary registrants. Fiduciary agreements set forth in notarial deeds without registration do not grant preferential rights to fiduciary recipients. Whereas the objective of Law Number 42 Year 1999 is basically to provide legal protection for creditors from losses caused by default from debtor. From this, the authors in this thesis take the title "Consequences of Fiduciary Guaranty Laws Not Registered According to Law Number 42 Year 1999." With the scope of the issues covered include: (1) How the procedure or implementation of credit with fiduciary guarantee in Indonesia; (2) What are the constraints and solutions in the implementation of credit with fiduciary guarantee in Indonesia, and (3) What are the consequences of fiduciary guarantee law enlisted under Law No. 42 of 1999.To obtain the results of research from these problems, the authors use the scientific method with an approach that is juridical empirical and normatiif. Empirically that is researching secondary data first and then continued by conducting research of primary data in field. The jurisdiction is to study the rules that exist with the problem in the perusal.Furthermore, from the results of the research can obtain the understanding that the first, that the credit agreement made by debtors and creditors is the principal agreement that refers to the general principles of the agreement, while the imposition of fiduciary collateral meruapakan follow-up agreement or accesoir, which registers it has been regulated by Law No. 42 of 1999 , And set further through Government Regulation No. 21 of 2015; Second, the registration of fiduciary security is a creditor's obligation, but sometimes the creditor does not register it, for cost reasons or because the treaty deed is made under the hand. Therefore, the right of the fiduciary guarantee certificate is categorized as a treaty under the hand. Therefore, the solution taken by the creditors can make the settlement by deliberation or applying through the judiciary. Third, Fiduciary Guarantees must be made by the Deed of Natariil (Notarial Deed) and registered to the Office of the Ministry of Justice and Human Rights, in order to have executorial power, in addition, the creditor will obtain the preferred right. If fiduciary warranties are not made under the hands and are not registered in accordance with legislative provisions, they have no executorial force, and the right of preference and may become void (vernitigbarheid).Whereas to further realize the main principle of Fiduciary Guarantee provides legal protection for the parties, it is necessary to revise the regulation of fiduciary guarantee in legislation in order to give more legal certainty.Keywords: Fiduciary Security, Registration Procedures, and Legal Effects


2021 ◽  
Vol 2 (3) ◽  
pp. 520-525
Author(s):  
Ni Kadek Vikka Ayu Swandewi ◽  
Ni Luh Made Mahendrawati ◽  
I Putu Gede Seputra

In this era of globalization, insurance has been considered as a basic need which is a human need for security. Insurance is a form of risk management that is formed with the aim of avoiding the possibility of an uncertain risk of loss. This study aims to examine the legal position of policyholders as creditors in insurance companies and to reveal the legal protection of policyholders in insurance companies that are declared bankrupt. This study uses a normative research method because there is still a conflict of norms, with the approach to legislation. The data is sourced from the opinions of legal scholars and data law. The data sources are primary and secondary data obtained through recording and documentation, then the data is processed using interpretation and descriptive. Based on the Bankruptcy Law and PKPU Article 1 number 2, creditors are parties who have receivables due to agreements or laws that can be collected in advance of services. In the context of the legal protection of the policyholder, the Insurance Act has regulated the existence of a policy guarantor institution in which the purpose of the establishment of a policy guarantee program is to guarantee the return of part or all of the rights of the policyholder. In the bankruptcy and liquidation of an Insurance Company, it is expected that the curator will pay attention to the right of the Policy Holder to obtain compensation from the bankruptcy assets of the Insurance Company.


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