scholarly journals Efektifitas Sanksi Pidana terhadap Pengasuh Anak karena Kelalaiannya Mengakibatkan Kematian di Taman Penitipan Anak Denpasar

2020 ◽  
Vol 1 (1) ◽  
pp. 140-144
Author(s):  
Gusti Ayu Putri Pratiwi ◽  
I Made Sepud ◽  
Diah Gayatri Sudibya

The rapid development of science and technology has led to many cases of criminal acts against children in the field of educational services. There are various kinds of crimes against human rights violations in the field of child protection, one of which is negligence in caring for and educating children. This study aims to determine the factors that cause death in foster children in TPA Princess House Childcare and to determine the effectiveness of criminal sanctions against child caregivers who due to their negligence cause death in children. The research method uses empirical research type. The statutory approach is to examine all laws and regulations related to the legal issue being researched, and to use a case approach. Sources of data obtained through informants with direct field interviews are then processed and analyzed descriptively. The results showed that negligence that resulted in death could occur through two factors, namely external factors and internal factors. Regarding the sanctions against the perpetrator who resulted in the loss of a child's life, it is felt that it has been effective and implemented in accordance with the provisions as stipulated in Article 76B in conjunction with Article 77B of the Law of the Republic of Indonesia Number 35 of 2014, imprisoned for 3 (three) years and a fine as much as RP. 50,000,000,-

LEGALITAS ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 90
Author(s):  
Ony Rosifany

One of the triggers for the crime of sexual immorality in this case is the rapid development of information and technology flows. Fornication is an act carried out by someone who is motivated by sexual desire to do things that can arouse lust, thereby causing self-satisfaction. What is troubling society is the criminal act of child sexual abuse, whether it is a boy or a girl. Fornication is an act committed by someone who is motivated by sexual desire.In general, the factors that cause the crime of child sexual immorality can be caused by internal factors as well as external factors.The legal provisions for the crime of child molestation against children are contained in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, stated in Article 76 E and Article 82.


2021 ◽  
Vol 2 (1) ◽  
pp. 172-176
Author(s):  
I Wayan Ogi Wiryawan ◽  
I Made Minggu Widyantara ◽  
Luh Putu Suryani

At present, abuse of parents by children, often occurs in the community which is commonly referred to as child abuse against parents. Children become cruel due to two factors, namely internal factors and external factors so that they are desperate to commit inhumane behavior towards their own parents. This case is also a violation of human rights that must be enforced. However, a child cannot be convicted of being underage. This study aims to analyze the criminal arrangements for minors who commit crimes against parents and explain the criminal sanctions given to a child who commits a criminal act of molestation. The research method used is normative legal research using a statutory approach as well as a conceptual approach. The data used are primary data, namely legal rules that are sorted systematically consisting of legislation, while secondary data consists of books, texts, principles and writings on laws related to persecution. There is also a form of writing in this research. The results of this study indicate that children can still be subject to criminal sanctions but can also be subject to sanctions in the form of fostering sanctions by related agencies. The child in this case who commits the crime of abuse is a minor, the punishment is different from ordinary punishment where child punishment is aimed at fostering the child and not focusing on the deterrent effect of the criminal.


2021 ◽  
Vol 2 (3) ◽  
pp. 616-621
Author(s):  
Desak Ketut Parwati ◽  
I Wayan Rideng ◽  
Ni Made Sukaryati Karma

Protection for babies has started since in the womb. In accordance with article 2 Burgerlijk Wetboek that a child who is still in his mother's womb is considered a legal subject as long as the interests of the child are desired. However, nowadays cases of infanticide often occur, so in this case legal protection is needed. The purpose of this research is to analyze the regulation of criminal sanctions for the perpetrators of the crime of infanticide and the judge's consideration of the perpetrators of the crime of infanticide. The type of research used in this paper is a normative law research type with a statutory and conceptual approach. The sources of legal materials used are primary and secondary legal materials. After the data is collected, then the data is analyzed systematically. The results of the research reveal that the setting of sanctions for perpetrators of the crime of infanticide is as regulated in Law Number 35 of 2014 concerning Child Protection. The judge's considerations in making a decision against the perpetrators of the crime of infanticide which resulted in death, include; witness statements that have been submitted by the public prosecutor before the trial, based on the testimony of the defendant at the trial and based on the elements of the crime charged by the public prosecutor in the single indictment have been fulfilled.


2016 ◽  
Vol 4 (1) ◽  
pp. 82
Author(s):  
Suyono Suyatno

Sejak diproklamasikan, format nasionalisme Republik Indonesia adalah mozaik keberagaman yang multikultural dan pluralistik yang menampung berbagai perbedaan budaya, etnis, agama, dan ideologi. Karena itu, prinsip bernegara yang kita kenal adalah bhineka tunggal ika, ‘berbeda-beda namun satu’. Sejalan dengan perkembangan zaman, banyak hal mengalami perubahan, termasuk nilai-nilai sosiokultural, persepsi politis ideologis, dan sebagainya. Di sisi lain, warisan kultural dari nenek moyang berupa nilai dan akar tradisi, termasuk kearifan lokal, mengalami pelunturan dan penggerusan. Penulis ini akan mencoba membahas bagaimana posisi kearifan lokal di tengah perubahan yang berlangsung secara eksternal dan internal. Mengacu pada kondisi Indonesia saat ini, dapat dikatakan ada dua faktor yang memengaruhi perubahan nilai sosiokultural, yakni faktor eksternal dan internal yang (mungkin) bergerak secara simultan. Faktor eksternal, antara lain, dipengaruhi oleh globalisasi, deideologisasi politik di tingkat global, perkembangan teknologi informasi dan komunikasi, neokapitalisme dan neoliberalisme yang makin memacu gaya hidup pragmatis, konsumtif, dan individual. Faktor internal dipengaruhi melunturnya nilai-nilai tradisi dan nilai- nilai lokal (termasuk di dalamnya kearifan lokal) yang mungkin juga terjadi karena faktor eksternal. Karena diasumsikan telah terjadi pelunturan nilai-nilai tradisi, penulis juga akan mencoba melihat upaya apa saja yang bisa dilakukan untuk merevitalisasi kearifan lokal di tengah globalisasi dan perubahan nilai sosiokultural sehingga kearifan lokal tetap menjadi identitas bangsa sekaligus memberikan kontribusi dalam membangun Indonesia yang multikultural dan pluralistik sekaligus madani. Revitalisasi kearifan lokal juga diharapkan mampu merespons dan memberikan solusi atas tantangan dan problematika Indonesia kini, seperti bagaimana mengatasi korupsi, kemiskinan, dan perusakan ekosistem alam.Abstract:Since the proclamation, the nationalism format of the Republic of Indonesia is multicultural and plural diversity mosaic accommodating many different cultures, ethnicities, religions, and ideologies. Therefore, the principle of nationhood as we know it is bhineka tunggal ika, unity in diversity. In line with the times, many things have changed, including socio-cultural values, ideological perceptions of politicians, and so on. On the other hand, the cultural heritage of the ancestors of is the values    root and traditions, including local wisdom experiencing discoloration. This writer will try to discuss how the position of local wisdom in the midst of change that take place in external and internal. Referring to Indonesia’s current condition, it can be said that there are two factors  influencing the change in socio-cultural values, namely, the external and internal factors that (perhaps) move simultaneously. External factors are, among others, influenced by globalization, political ideolo- gies at the global level, the development of information and communication technology, neo-capitalism and neo-liberalism spurring more pragmatic lifestyle, consumptive, and individuals. Internal factors, on the other hands, are influenced the fade of values tradition and local values (including local wisdom) that may also occur due to external factors. Because it is assumed that there has been  discoloration of tradition values, the writer will also try to find out  what kind of effort can be done for revitalizing local wisdom, in the midst of globalization and  changes in the socio cultural values. Hence, the local wisdom continues to be a nation’s identity as well as to give contribution in building a multicultural, pluralistic, and civi- lized Indonesia. Revitalization of local wisdom is also expected to respond and provide solutions to the challenges and problems of Indonesia today, that is, how to overcome corruption, poverty, and destruction of naturalecosystems.


2021 ◽  
Vol 1 (2) ◽  
pp. 54
Author(s):  
Astuti Nur Fadillah ◽  
Anna Maria Salamor ◽  
Patrick Corputty ◽  
Weldy M Risakotta

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.


2021 ◽  
Vol 2 (3) ◽  
pp. 469-475
Author(s):  
I Wayan Rideng ◽  
Desak Ketut Parwati ◽  
Ni Made Sukaryati Karma

Protection for babies has started since in the womb. In accordance with article 2 Burgerlijk Wetboek that a child who is still in his mother's womb is considered a legal subject as long as the interests of the child are desired. However, nowadays cases of infanticide often occur, so in this case legal protection is needed. The purpose of this research is to analyze the regulation of criminal sanctions for the perpetrators of the crime of infanticide and the judge's consideration of the perpetrators of the crime of infanticide. The type of research used in this paper is a normative law research type with a statutory and conceptual approach. The sources of legal materials used are primary and secondary legal materials. After the data is collected, then the data is analyzed systematically. The results of the research reveal that the setting of sanctions for perpetrators of the crime of infanticide is as regulated in Law Number 35 of 2014 concerning Child Protection. The judge's considerations in making a decision against the perpetrators of the crime of infanticide which resulted in death, include; witness statements that have been submitted by the public prosecutor before the trial, based on the testimony of the defendant at the trial and based on the elements of the crime charged by the public prosecutor in the single indictment have been fulfilled.  


2020 ◽  
Vol 1 (1) ◽  
pp. 197-202
Author(s):  
I Komang Widnyana ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma

The number of child sexual violence rates increased in 2016. Encourage the government to form Law of the Republic of Indonesia Number 17 of 2016 concerning Stipulation of PERPU Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection into Law. The law contains sanctions against perpetrators of child sexual violence in the form of chemical castration. The purpose of this study was to determine the regulation of chemical castration sanctions against perpetrators of child sexual violence. The method used is the normative method. The regulation for the imposition of criminal sanctions on chemical castration is regulated by Law No. 17 of 2016. The punishment system for chemical castration is a double track system of sanctions. Chemical castration sanctions are sanctions for the act of giving chemical substances to perpetrators of child sexual violence. The prosecutor will carry out the castration sanction as executor of the court's decision and may ask for help from non-doctor medical personnel. The government must immediately pass technical guidelines for the implementation of chemical castration measures. And there is a need for competency education to implement chemical castration.


2021 ◽  
Vol 2 (1) ◽  
pp. 1-5
Author(s):  
Ade Satriasa Maha Putra ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara

We must be aware of cases of crimes of sexual exploitation, especially in children, it is not enough if parents only but the government, society and the Indonesian Child Protection Commission must take a role in maintaining the continuity and protection of children. This new research aims to determine the legal protection of victims in criminal acts of sexual exploitation of children. This research type is normative research with a statutory approach and a conceptual approach. Legal materials consist of primary and secondary, then analyzed systematically. The results showed that legal protection for children from victims of sexual exploitation was given to legal subjects that had preventive or repressive characteristics. Furthermore, legal safeguards are essential to provide justice, order, certainty, benefit. The criminal sanctions given to the perpetrators of a criminal offense, namely for imprisonment for 7 (seven) years, reduced while the defendant is in detention and the penalty will be subject to a fine of IDR. 100,000,000 (one hundred million rupiah).


2020 ◽  
Vol 3 (2) ◽  
pp. 377-385
Author(s):  
Mahalia Nola Pohan ◽  
Sri Hidayani

Children are entrusted by the almighty as the next generation of this nation who must be protected from all kinds of criminal acts, including criminal acts of sexual abuse which is a cruel act that almost all of the world condemned the behavior. The problem in this study is the legal consequences of the crime of sexual abuse with children, the judge considered the decision No. 934 / Pid.Sus / 2016 / Pn.Mdn and the factors causing the crime to commit sexual abuse to children. The results and discussion in this study are legal consequences arising from criminal acts of sexual abuse to children is the birth of a legal relationship that gives rise to rights and obligations between countries, perpetrators and victims of criminal acts of sexual abuse to children based on the Law of the Republic of Indonesia Number 35 of 2014 concerning of Child Protection, the judge considers the decision No. 934 / Pid.Sus / 2016 / Pn.Mdn is to pay attention to matters that incriminate and alleviate, and consider the ability to be responsible, the judge accuse the defendant by considering Article 81 paragraph (2) of the Law Republic of Indonesia Number 35 of 2014 concerning Amendments to the Law of the Republic of Indonesia Number 23 of 2002 concerning Child Protection, the causes of criminal acts of sexual abuse to children are internal factors (low education and moral, psychological, and economic factors) and external factors (social culture, family and environment, technology, interaction and situation and the role of the victim.


2018 ◽  
Vol 1 (2) ◽  
pp. 71
Author(s):  
Aan Eko Khusni Ubaidillah

The problems we face today live in a time of moral degradation and destruction. People feel proud if they can imitate the trend carried by the West; both in thought and lifestyle. Ironically, not a few generations of Muslims who terpedaya with the trend. They make Western values ​​as their standard of behavior and morals. Meanwhile, Islamic morality is increasingly felt strange and difficult to practice in the midst of society facing such problems plural and complex. The purpose of this study are: 1) To describe the steps Implementation of values ​​of Ethics, Moral and Morals in learning behavior in STIT Raden Wijaya Mojokerto. 2) To describe the supporting and inhibiting factors Implementation of Ethics, Morals and Morals values ​​in the behavior of learning in STIT Raden Wijaya Mojokerto This research type is field research research using qualitative approach. Data collection techniques include observation, interview, and documentation. Data analysis technique uses descriptive explorative, that is by describing state and phenomenon status. Based on the exposure of the analysis of data sources can be concluded that: 1) Steps Implementation of values ​​of Ethics, Morals and Morals in the behavior of learning in STIT Raden Wijaya Mojokerto is the first institution to make a mature planning, then applied with the pattern pembiasaan. 2) To describe the supporting and inhibiting factors Implementation of Ethics, Morals and Morals values ​​in learning behavior in STIT Raden Wijaya Mojokerto consists of internal factors (consisting of heredity, gender, physical character, personality, intelligence and talent) and external ( consisting of education, religion, culture, environment and socio-economic)


Sign in / Sign up

Export Citation Format

Share Document