scholarly journals DUALISME ABORTUS PROVOCATUS DALAM PERSPEKTIF REGULASI (PERUNDANG-UNDANGAN) DI INDONESIA

2021 ◽  
Vol 3 (1) ◽  
pp. 1-15
Author(s):  
Ahmad Syakirin
Keyword(s):  
Child Protection ◽  
Free Association ◽  
Medical Emergency ◽  
Legal Regulations ◽  
Pregnant Mother ◽  
Criminal Sanctions ◽  
Unwanted Pregnancies ◽  
The Law ◽  
Negative Impacts

The development of the pattern of people's lives that are increasingly rapidly giving various positive or negative impacts from various perspectives. Free association without being based on the order of science and morals will cause damage to the order of life without looking at the prevailing norms. Free relationship or free sex is becoming an increasingly free lifestyle among teenagers or the community, of course this has an impact on the occurrence of unwanted pregnancies which in the end takes an action to have an abortion or abort the fetus in the womb. Abortion is an act that is prohibited in various laws in Indonesia and threatens with strict sanctions from the act of aborting the fetus. There are two legal regulations that both prohibit abortion, the first is in Law No. 36 of 2009 concerning Health and the second is contained in Law No. 35 of 2014 concerning Child Protection. Even though these two laws do not have the same name, they have a purpose and carry the same mission and threat of criminal sanctions as seen in the articles of the two laws that regulate. Two different views (dualism) contained in the law provide guidance later in applying criminal acts to abortionists. There are several things that are allowed in this abortion ban, namely an indication of a medical emergency if it is dangerous for the pregnant mother and the second is a victim of rape. The determination of the prohibition of abortion as under the legal umbrella of the two regulations provides evidence that the existence of this life is guaranteed and protected by the state.Perkembangan pola kehidupan masyarakat yang semakin cepat memberikan berbagai dampak positif ataupun negatif dari berbagai sudut pandang. Pergaulan bebas tanpa dilandasi dengan tatanan ilmu dan moral akan menjadi menjadikan rusaknya tatanan kehidupan tanpa melihat lagi norma-norma yang berlaku. Hubungan bebas atau free sex menjadi gaya hidup yang semakin bebas dikalangan remaja ataupun masyarakat, tentu hal ini memberikan imbas akibat terjadinya kehamilan yang tidak dikehendaki dimana pada akhirnya mengambil sebuah tindakan untuk melakukan aborsi atau mengugurkan janin yang ada dalam kandungan. Aborsi merupakan perbuatan dilarang dalam berbagai perundang-undangan yang ada di Indonesia serta mengancam dengan sanksi yang tegas dari tindakan pengguguran janin tersebut. Ada dua regulasi undang-undang yang keduanya sama-sama melarang tindakan aborsi ini, pertama terdapat pada Undang-Undang No 36 Tahun 2009 Tentang Kesehatan dan yang kedua terdapat pada Undang-Undag No 35 Tahun 2014 Tetang Perlindungan Anak. Sekalipun kedua undang-undang ini tidak memiliki nama yang sama akan tetapi mempunyai tujuan dan membawa misi serta ancaman penjatuhan sanksi pidana yang sama seperti terlihat dalam pasal-pasal kedua undang-undang tersebut mengatur. Dua pandangan (dualisme) berbeda yang terdpat dalam undang-undang memberikan petunjuk nantinya dalam menerapkan perbuatan tindak pidana pada pelaku aborsi. Ada beberapa hal yang diperbolehkan dalam larangan aborsi ini yakni indikasi kedaruratan medis apabila membahayakan bagi ibu yang mengandung dan kedua merupakan korban pemerkosaan. Penentuan larangan aborsi sebagaimana di payung hukumi kedua regulasi tersebut memberikan bukti bahwa adanya kehidupan ini dijamin serta di lindungi oleh negara.

scholarly journals Perlindungan Hukum terhadap Anak sebagai Pelaku Pelecehan Seksual Menurut UU No. 35 Tahun 2014

2020 ◽  
Vol 1 (2) ◽  
pp. 62-66
Author(s):  
Desi Nellyda ◽  
I Nyoman Sujana ◽  
Luh Putu Suryani
Keyword(s):  
Sexual Abuse ◽  
Sexual Harassment ◽  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Problem Formulation ◽  
Conceptual Approach ◽  
Criminal Sanctions ◽  
The Law ◽  
Problem Formulations

This thesis is titled “Legal Protection Toward Child As Offenders Of Sexual Harassment, According Indonesian Law No. 35 Year 2014”. The writing uses normative research method, by using statue approach and conceptual approach. The problem formulations are: (1) The shape of legal protection toward child as offenders of sexual harassment ; (2) The imposition of criminal sanctions against ch ild who commit sexual abuse. By reviewing the law research done by using the proposed studi above, it can be concluded that the first problem formulation related to the shape of legal protection toward child as offenders of sexual harassment according Indonesian Law No. 35 Year 2014 about the change of the Law No. 23 Year 2002 about Child Protection, the child has a right to accompanied by advocate during the process of investigation. Meanwhile, the second formulation will discuss the imposition of criminal sanctions against child who commit sexual abuse which have been regulated at the Article 82 Indonesian Law No. 35 Year 2014 about the change of the Law No. 23 Year 2002 about Child Protection. Depend on the Article 82 the offenders can be sentenced to prison the shortest 5 (five) years and the longest 15 (fifteen) years and a maximum fine of Rp. 5.000.000.000,00 (five billion dollars).

scholarly journals Penyuluhan Hukum Perlindungan Anak Pada Lembaga Kesejahteraan Sosial Anak (LKSA) Ittaqollah Kota Ambon

2021 ◽  
Vol 1 (2) ◽  
pp. 54
Author(s):  
Astuti Nur Fadillah ◽  
Anna Maria Salamor ◽  
Patrick Corputty ◽  
Weldy M Risakotta
Keyword(s):  
Child Welfare ◽  
Child Protection ◽  
Negative Impact ◽  
Rapid Development ◽  
Service Activity ◽  
The Law ◽  
The Republic ◽  
Negative Impacts ◽  
Modern Era ◽  
Welfare Institution

Introduction: In the frequently modern era, many phenomena happen in civilization. Children as the nation's successors need to be protected from the negative impacts of rapid development, the flow of globalization in the field of communication and information, the advancement of science and technology. The negative impact of the development of this era creates problems involving children, both children as victims, perpetrators, and witnesses who are dealing with the law itself.Purposes of Devotion: The purpose of this article is to provide a brief overview of the law on child protection. The Unitary State of the Republic of Indonesia guarantees the welfare of every citizen, including the protection of children's rights which are human rights. Method of Devotion: This Community Service activity was carried out at the Ittaqollah Child Welfare Institution (LKSA) Ambon City. In this activity, several stages were carried out including observing the average age and needs of the Ittaqollah Children's Social Welfare Institution (LKSA) of Ambon City, and providing legal counseling on child protection. This service activity is carried out using the lecture and question and answer method which is packaged more attractively.Results of the Devotion: After carrying out this service activity, it was found that students at the Ittaqollah Child Welfare Institution (LKSA) had minimal knowledge of child protection laws. LKSA Ittaqolah students only know about the age limit of children, but they do not understand their rights as children who have been protected by the state. Moreover, they do not understand that children are very vulnerable to become victims of violations of their rights by adults. In addition, they also still do not understand that nowadays children are not only victims, but children can also commit crimes so that children can face the law.

scholarly journals PENERAPAN PIDANA TERHADAP ANAK PELAKU TINDAK PIDANA PERSETUBUHAN (Studi Putusan Nomor 3/Pid.Sus-Anak/2018/PN.Pmn dan Putusan Nomor 11/Pid.Sus-Anak/2018/PN.Pmn)

2019 ◽  
Vol 2 (1) ◽  
pp. 114-125
Author(s):  
Rahmani Endah Koesoemowardani
Keyword(s):  
Sexual Intercourse ◽  
Child Protection ◽  
Social Conditions ◽  
District Court ◽  
Criminal Sanctions ◽  
The Law

The verification of this crime is often not carried out properly, because the child of the victim of sexual intercourse feels embarrassed and afraid of the perpetrators, which influences the judgment of the judge and the application of the law. The criminal application of the Pariaman District Court Number 3 / Pid. . Pmn and Number 11 / Pid. Sus-Anak / 2018 / PN.Pmn is the criminal application of children as perpetrators of sexual intercourse in decision Number 3 / Pid.sus anak / 2018 / PN Pmn and Number 11 / Pid. Sus- Anak / 2018 / PN Pmn, Based on the legal facts revealed in the trial fulfilled the elements contained in Article 81 paragraph (2) of Law Number 35 Year 2014 concerning amendments to Law Number 23 of 2002 concerning Child Protection. Judicial legal considerations in imposing criminal sanctions on imprisonment against children are legal judicial considerations and social conditions of children and their environment.

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.  

scholarly journals Legal Liability Towards The Abuse Of Doctor's Authority In Performing Visum Et Repertum

2021 ◽  
Vol 1 (2) ◽  
pp. 111
Author(s):  
Fauzul Romansah
Keyword(s):  
Legal Responsibility ◽  
Ethical Aspects ◽  
Abuse Of Power ◽  
Criminal Sanctions ◽  
Procedure Code ◽  
Medical Discipline ◽  
The Law ◽  
Court Proceedings ◽  
Administrative Sanctions

Visum et Repertum (VeR) is in the form of a written statement made by doctors who have to take an oath of office, based on things seen and discovered upon examination of the dead or wounded allegedly caused by a criminal act. KUHAP does not mention the term visum et repertum, but KUHAP is one of the legal bases in making VeR. VeR is not only needed in criminal case examination but also civil cases in some instances. The exact cause of a person's death can be related to events in criminal law as well as civil law as in the claim insurance or determination of heirs related to the distribution of inheritance rights. Given the urgency of VeR as one of the evidence used before court proceedings, in making VeR, there is a potential for abuse of power by doctors by making VeR not based on actual examination results. Such abuse of authority by doctors has violated the moral and ethical aspects which override the values of truth and justice. Therefore, the problems in this article focus on what is the authority of doctors in administering Visum et Repertum and what is the legal responsibility for the abuse of doctor's authority in making Visum et Repertum. The results of the discussion indicated that: doctors have the authority to, among others: accept victims sent by investigators; request a letter requesting a statement of VeR; a specialist can only carry out medical examination of the victim; signing of the VeR statement following the applicable laws and regulations, and delivery of completed evidence may only be submitted to the investigator accompanied by an official report. Making VeR unlawfully is not clearly explained in the Criminal Procedure Code. However, the use of VeR against the law occurs when VeR becomes an instrument of action against the law as formulated in the norms of every criminal act. Therefore, it is a form of legal responsibility for doctors who abuse their authority regarding VeR can be pursued through 4 (four) types of sanctions, including administrative sanctions, civil sanctions, criminal sanctions, and medical discipline sanctions. 

scholarly journals Tinjauan Yuridis Terhadap Tindak Pidana Pemerkosaan yang Menyebabkan Kematian (Studi) Kasus Pengadilan Negeri Kendal

2021 ◽  
Vol 2 (3) ◽  
pp. 472-477
Author(s):  
Pande Komang Satya Parama Hamsa ◽  
I Nyoman Gede Sugiartha ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Criminal Code ◽  
Criminal Sanctions ◽  
Serious Crime ◽  
The Future ◽  
The Law ◽  
Materials Used

Rape is a serious crime because it harms the victim, disturbs the future, and causes a very bad influence on the victim, even death. The purpose of this study is to reveal the criminal sanctions against the crime of rape that causes death and the judge's considerations in deciding the crime of rape that causes death. The method used in this research is normative research with a case and legislation approach. Sources of legal materials used in the form of secondary and primary legal sources which are then analyzed descriptively. The results of the study revealed that the perpetrator violated the provisions of Article 285 , 288 paragraph (3), 359, 291 paragraph (2) of the Criminal Code, Article 76D and 81 paragraph (1) of Law Number 35 of 2014 on amendments to the Law. Number 23 of 2002 concerning Child Protection, and violates the provisions of Article 71 of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. The judge sentenced the defendant to 4 years in prison.

scholarly journals Sanksi Pidana terhadap Pelaku Penculikan Anak

2020 ◽  
Vol 1 (2) ◽  
pp. 195-195
Author(s):  
Ardi Putra Dewa Agung ◽  
I Made Sepud ◽  
A.A. Sg. Laksmi Dewi
Keyword(s):  
Child Protection ◽  
Criminal Liability ◽  
Online News ◽  
National Commission ◽  
Child Abduction ◽  
Criminal Sanctions ◽  
News Website ◽  
The Law ◽  
The Right ◽  
Criminal Conduct

Kidnapping is an act committed by someone without the right for the purpose of enabling such person under the powers of the kidnappers. An abductor targets child as a victim. Based on the online news website liputan6.com, Chairman of the National Commission for Child Protection Arist Merdeka Sirait said the Child Abduction case continues to increase from 2014 to 2017. The issues regarding the case to be examined in the present study are: (1) The regulation regarding criminal liability of offenders of child abduction, (2) The criminal sanction and condemnation towards the offenders of child abduction. From the results of an exploration conducted with the normative research method in this study it was found that the criminal liability of the offenders of child abduction is regulated in Article 76F Indonesian Law No. 35 of 2014 concerning the Amendment towards the Law No. 23 of 2002 concerning Child Protection. The kidnapping of a child may be held to criminal liability if the offender has committed an act fulfilling the elements of delinquency. Regarding criminal sanctions and condemnation against child abductors who are proven guilty of legally and convincingly in the eyes of the law of committing the crime of kidnapping of a child can be sentenced in the form of imprisonment and a fine penalty. Criminalization of child abductors depends on the role of the judge who examines and prosecutes the case. Judges are given the freedom to set the type of criminal, criminal conduct, or the high and low criminal.

Pembagian Harta Waris dalam Tradisi Masyarakat Muslim di Gorontalo

2019 ◽  
Vol 13 (2) ◽  
pp. 187-202
Author(s):  
Hamid Pongoliu
Keyword(s):  
Islamic Law ◽  
Sharia Law ◽  
The Will ◽  
The Law

Gorontalo has a customary principle derived from sharia law, and the sharia law is sourced from the Qur'an, hadith, ijmak and qiyas (adati-hula'a to syara'a, syara'a hula'a to Kitabi), which should reflect the existence of the implementation of the distribution of inheritance in Islam in the Gorontalo community. This customary principle can be a source of law if it is a rational act, not immorality, done always repeatedly, does not bring harm and does not conflict with the law of sharak. But in reality there is the implementation of inheritance that violates Islamic law, namely the distribution by way of deliberation, the determination of the amount of heirs equally, the delay in the distribution of inheritance, wills with houses given to girls, wills not to distribute inheritance, distribution of assets it depends on the will of the heir and the delay in the distribution of inheritance on the grounds that one of the parents is still alive. The distribution by deliberation and determination of the amount of the portion for each heir are equally acceptable as long as they follow the guidelines of the Compilation of Islamic Law article 183 and the concept of takharruj which was previously preceded by the Shari'a division. After the heirs know the size of the portion, then they may agree to share it in their own way or leave the inheritance according to Shari'a and agree to give to each other with other heirs.

Influential Factors in The Law Enforcement Process of Sexual Violence Cases in Children in The City of Semarang

SOEPRA ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 4
Author(s):  
Liya Suwarni
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Medical Record ◽  
Child Protection ◽  
Influential Factors ◽  
Medical Record Data ◽  
Violence Against Children ◽  
Record Data ◽  
The Law ◽  
The City

Background. Cases of sexual violence increase every year, victims ranging from adolescents, children to toddlers. Based on data from the Indonesian Child Protection Commission, abuse and violence against children in Indonesia in 2013 were 23 cases, in 2014 there were 53 cases, in 2015 there were 133 cases, 2017 reached 1,337 cases, and as of July 2018 there were 424 cases. Purpose. Knowing the factors that influence the law enforcement process of sexy violence cases in Semarang City. Method This study uses descriptive analytical methods for cases of violence against children, based on medical record data in hospitals, documents in Mapolrestabes, the District Attorney's Office and the Semarang City Court for the period of January 2015 to December 2018. Results. Based on research results obtained 213 experimental cases section from medical record data in hospitals in the city of Semarang. Most cases of child abuse occurred in 2018 with 72 cases. Most victims are 12-14 years old age group, female. Most types of cases are cases of intercourse. The majority of violations are persons known as victims, perpetrators not working, and most of the places of occurrence are in the defendant's house. At the time of prosecution and trial, the number of cases was significantly reduced to only 8 cases. Factors related to this include lack of evidence, difficulty in obtaining information from victims, convoluted statements of coverage, lack of election, and obtaining diversion rates. Conclusion Cases of sexual violence have increased from year to year. The process of law enforcement on this problem still has many difficulties in each manufacturing process which is still difficult to overcome.

The Dudley Lee Case: A new approach to factual causation and its implications for transformative jurisprudence

2017 ◽  
Vol 30 (1) ◽  
pp. 273-289
Author(s):  
Anmari Meerkotter
Keyword(s):  
Case Note ◽  
Constitutional Court ◽  
Recent Contribution ◽  
New Approach ◽  
State Accountability ◽  
The Law ◽  
Transformative Impact ◽  
Constitutional Jurisprudence ◽  
Law Of Delict

The Constitutional Court (CC) judgment of Lee v Minister of Correction Services 2013 2SA 144 (CC) is a recent contribution to transformative constitutional jurisprudence in the field of the law of delict. This matter turned on the issue of factual causation in the context of wrongful and negligent systemic omissions by the state. In this case note, I explore the law relating to this element of delictual liability with specific regard to the traditional test for factual causation – the conditio sine qua non (‘but-for’) test. In particular, I note the problems occasioned by formalistic adherence to this test in the context of systemic state omissions as evidenced by the SCA judgment in the same matter. I also consider the manner in which English courts have addressed this problem. Thereafter, I analyse the CC’s broader approach to the determination of factual causation as one based on common sense and justice. I argue that this approach endorses a break from a formalistic application of the test and constitutes a step towards an approach which resonates with the foundational constitutional values of freedom, dignity and equality. Furthermore, it presents an appropriate solution to the problems associated with factual causation where systemic omissions are concerned. I then consider the transformative impact of the Lee judgment. In particular, I argue that the broader enquiry favoured by the CC facilitates the realisation of constitutionally guaranteed state accountability, and amounts to an extension of the existing norm of accountability jurisprudence. Hence, I contend that the judgment presents a further effort by the Constitutional Court to effect wholesale the constitutionalisation of the law of delict, as well as a vindicatory tool to be used by litigants who have been adversely affected by systemic state omissions.

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