scholarly journals Perlindungan Hukum terhadap Korban dalam Tindak Pidana Eksploitasi Seksual Anak (Studi Kasus Putusan Nomor 535/Pid.Sus/2019/PN Dps)

2021 ◽  
Vol 2 (1) ◽  
pp. 1-5
Author(s):  
Ade Satriasa Maha Putra ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Child Protection ◽  
Sexual Exploitation ◽  
Legal Protection ◽  
Conceptual Approach ◽  
Criminal Offense ◽  
Criminal Sanctions ◽  
The Government ◽  
New Research ◽  
Legal Subjects ◽  
Research Type

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).

scholarly journals Tinjauan Yuridis terhadap Pelaku Tindak Pidana Pembunuhan Bayi (Studi Kasus Putusan Nomor 1123/Pid.Sus/2018/Pn Dps)

2021 ◽  
Vol 2 (3) ◽  
pp. 616-621
Author(s):  
Desak Ketut Parwati ◽  
I Wayan Rideng ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Child Protection ◽  
Legal Protection ◽  
Public Prosecutor ◽  
Conceptual Approach ◽  
Legal Subject ◽  
The Public ◽  
Criminal Sanctions ◽  
Witness Statements ◽  
Materials Used ◽  
Research Type

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.

scholarly journals Tinjauan Yuridis Terhadap Pelaku Tindak Pidana Pembunuhan Bayi (Studi Kasus Putusan Nomor 1123/Pid.Sus/2018/Pn Dps)

2021 ◽  
Vol 2 (3) ◽  
pp. 469-475
Author(s):  
I Wayan Rideng ◽  
Desak Ketut Parwati ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Child Protection ◽  
Legal Protection ◽  
Public Prosecutor ◽  
Conceptual Approach ◽  
Legal Subject ◽  
The Public ◽  
Criminal Sanctions ◽  
Witness Statements ◽  
Materials Used ◽  
Research Type

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.  

scholarly journals Perlindungan Hukum Terhadap Anak Sebagai Perantara Narkotika (Study Putusan No.14/Pid.Sus Anak.2015/PN.Dps)

2021 ◽  
Vol 2 (1) ◽  
pp. 195-199
Author(s):  
Rezky Ayu Saraswati ◽  
I Nyoman Sujana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Best Interests ◽  
District Court ◽  
Criminal Sanctions ◽  
The Government ◽  
The Moment

The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.

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 Tindak Pidana Bullying yang dilakukan Anak dibawah Umur melalui Keadilan Restorative Justice

2020 ◽  
Vol 1 (2) ◽  
pp. 68-72
Author(s):  
I Made Rai Dwi Surya Atmaja ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni made sukaryati Karma
Keyword(s):  
Restorative Justice ◽  
Child Protection ◽  
Legal Protection ◽  
Research Problem ◽  
Criminal Code ◽  
Child Victims ◽  
Conceptual Approach ◽  
Legal Rules ◽  
The Government ◽  
Settlement Of Disputes

Bullying is bullying that often leads to bad deeds that contain crime, but goes unnoticed. Based on this research, the authors raise the formulation of the problem: 1. How is legal protection for child victims of bullying ?, 2. How is the settlement of bullying crime through restorative justice? This type of research is normative law. The approach to this research problem is a statutory approach, a conceptual approach, and a case approach. The research method used is normative legal research, by conducting studies based on legal materials from legal books and is a process of finding legal rules. As for the problem approach in this study, namely the statutory approach (statute approach) and the conceptual approach (conceptual approach) and the case approach (case approach). The results show that the form of legal protection for child victims of criminal acts of bullying is regulated in several laws and regulations, namely, the Criminal Code, Law Number 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection, Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. Efforts to resolve criminal acts of bullying through restorative justice using non litigation or settlement of disputes outside the court. The point of settlement of cases on restorative justice is based on the parties to express their opinions to produce an agreement. There are two kinds of crime prevention efforts, namely penal and non-penal efforts. It is hoped that the government, agencies engaged in law enforcement and education as well as the public will make firm efforts against the crime of bullying.

scholarly journals Perlindungan Hukum terhadap Anak Diluar Perkawinan bagi Tenaga Kerja Wanita di Kabupaten Cianjur

2020 ◽  
Vol 4 (1) ◽  
pp. 39-54
Author(s):  
Hazar Kusmayanti ◽  
Agus Mulya Karsona
Keyword(s):  
Women Workers ◽  
Migrant Workers ◽  
Child Protection ◽  
Legal Protection ◽  
Research Approach ◽  
Female Workers ◽  
Illegitimate Child ◽  
The Government ◽  
Role Of The Government

Protection of female workers  in Cianjur District is indeed necessary, especially when working abroad. One of the problems is when there are many migrant workers who give birth to children out of wedlock and return to Indonesia without their husband. The purpose of this study was to determine the legal protection illegitimate child born by Women Workers in Cianjur Regency and to know the role of the government to cope with unmarried children born by Women Workers in Cianjur District. The study was analytical descriptive with the method of this research approach through normative juridical. The results of the study found that legal protection for illegitimate child  born by Indonesian Female Workers in Cianjur has a regulation protecting it, namely Article 28 of the 1945 Constitution, Law No. 35 of 2014 concerning Child Protection, Article 43 paragraph (1) of the Marriage Law and Constitutional Court Decision No. 46 / PUU-VIII / 2010. The role of the government in protecting extramarital children born by Indonesian Workers in Cianjur, West Java is not optimal. The role of the village government is very helpful for women migrant workers, namely finding companies that will send their citizens. Whereas illegitimate child born by migrant workers can be protected one of them by smoothing all administrative processes for these children such as issuing a free birth certificate.

scholarly journals LEGAL PROTECTION FOR CONSUMERS IN TRANSACTIONS FOR E-COMMERCE

2019 ◽  
Vol 3 (1) ◽  
pp. 57
Author(s):  
Bing Yusuf
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Community Members ◽  
Daily Consumption ◽  
Business World ◽  
Positive Law ◽  
Technological Developments ◽  
The Government ◽  
Legal Subjects

The development of information and electronic technology every time becomes faster, supported by the great curiosity of humans to make information technology and electronics as daily consumption. Technology penetrated into the business world pampering the community with ease of accessibility through ecommerce systems. People enjoy buying and selling facilities through e-commerce, but most people forget that every thing has a positive and negative side. The majority of people enjoy the convenience and convenience of e-commerce to access and obtain the desired items, but not a few community members have become victims of e-commerce transactions. The government acting as a regulator has issued a lot of laws and regulations, but until now all forms of injustice, fraud, and even crime through ecommerce buying and selling have not been completely blocked. Institutions established specifically to defend disadvantaged consumers also do not yet have adequate specifications to protect disadvantaged consumers through e-commerce buying and selling. The capabilities and facilities possessed by law enforcement officers are still limited, there are still many perpetrators of injustice, fraud and crime in buying and selling e-commerce that are still moving and operating freely. Based on the reality of e-commerce buying and selling formulated a problem regarding how legal protection is actually for consumers in buying and selling e-commerce? What obstacles are faced by consumers to get legal protection in buying and selling e-commerce? How is the legal effort made by consumers who are disadvantaged in buying and selling ecommerce? Using positive law analyzed with reality that occurs in the community it can be concluded that e-commerce buying and selling is arguably a new thing so that it demands for the whole legal system and legal subjects to adapt to technological developments and the progress of civilization

scholarly journals Akibat Hukum Terhadap Pelaksanaan Arisan Online Berdasarkan Undang-Undang Nomor 19 Tahun 2016

2021 ◽  
Vol 2 (2) ◽  
pp. 296-302
Author(s):  
Erlin Kusnia Dewi ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Legal Protection ◽  
Research Problem ◽  
Scientific Article ◽  
Literature Study ◽  
Legal Research ◽  
Online Transactions ◽  
Criminal Sanctions ◽  
Research Problems ◽  
Social Gathering ◽  
Legal Subjects

The 2008 ITE Law regulates fraudulent acts that are applied online. The researcher wrote a scientific article with the title Legal Impacts on the Implementation of Online Arisan Based on Law No. 19 of 2016. There are two formulations of this research problem How is the Legal Protection for Parties Conducting Online Arisan based on Law Number 19 of 2016? and What are the Criminal Sanctions Against BandarArisanOnlinein the event of Default? Normative legal research is a method applied by the author in this scientific article. The author carries out a literature study by collecting legal material to answer the formulation of research problems. The author carries out a literature study by collecting legal material to answer the formulation of research problems. This study's findings explain that there are legal protections for parties who carry out online social gathering criminal sanctions against online social gathering based on ITE Law No. 19 of 2016 against online social gathering fraud perpetrators focused on individual legal subjects. This finding is supported by Article 28 paragraph (1), which explains that consumers who get losses due to online transactions can obtain legal protection.

scholarly journals Pengaturan Keselamatan dan Keamanan Pelayaran di Perairan Indonesia

2021 ◽  
Vol 2 (2) ◽  
pp. 382-387
Author(s):  
A. A. ayu Diah Uthari Pramesti ◽  
I Ketut Kasta Arya Wijaya ◽  
Desak Gde Arini
Keyword(s):  
Community Service ◽  
Natural Resource Management ◽  
Legal Protection ◽  
Security Requirements ◽  
Water Safety ◽  
Legal Research ◽  
Conceptual Approach ◽  
Regional Autonomy ◽  
The Government ◽  
Maritime Territory

Indonesia is a maritime country surrounded by a sea that is rich in natural resources, therefore a unified system is needed to maintain security and also to allocate all energy sources offered by the sea so that it can be managed appropriately. The management of water safety and security in Indonesia is regulated in Law Number 17 of 2008 concerning Shipping. In this research, there are two main problems that will be examined, namely first about the management arrangements for safety and security requirements in Indonesian maritime territory and second What is the authority of the local government in developing the safety and security requirements of shipping in Indonesian maritime territory. This research is a normative legal research, using a statutory approach and a conceptual approach. The result of this research is the management of shipping coaching is carried out by the government. The form of guidance carried out by the government is in the form of supervision, control and regulation. Legal protection for the administration of regional autonomy is in line with the provisions of Law Number 23 o/2014 which involves regional governments and carries out legal protection for various government affairs in the context of community service and natural resource management.

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.

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