scholarly journals Perlindungan Hukum terhadap Anak Penyandang Disabilitas sebagai Korban Kekerasan Seksual

2021 ◽  
Vol 2 (2) ◽  
pp. 359-364
Author(s):  
Nadila Purnama Sari ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Sexual Violence ◽  
Child Protection ◽  
Children With Disabilities ◽  
Legal Protection ◽  
Criminal Code ◽  
Criminal Cases ◽  
Persons With Disabilities ◽  
Violence Against Children ◽  
Criminal Sanctions ◽  
Positive Law

Children with disabilities are often the main targets to be victims of criminals, discrimination and sexual violence. The following can be seen from the increase in criminal cases against women and children with disabilities which from year to year tends to increase. The purpose of this study is to determine the legal protection of children with disabilities as victims of sexual violence and criminal sanctions against perpetrators of sexual violence against children with disabilities. The method used is a normative method along with statutory and conceptual approaches. The results of the study show that legal protection for children as victims of sexual violence is contained in article 1 paragraph (2) of Law no. 35 of 2014 concerning child protection, namely so that the child gets protection and his rights as a child. Criminal sanctions for perpetrators of sexual violence against persons with disabilities exist in positive law in Indonesia. The criminal act of rape is contained in Articles 285 to 288 of the Criminal Code. Violence against children with disabilities there is no law that specifically regulates it but in VU No. 35 of 2014 concerning Child Protection in Article 290 paragraph (1) is threatened with approximately 7 years of imprisonment.

scholarly journals Perlindungan Hukum Terhadap Korban Tindak Pidana Penghinaan Citra Tubuh (Body Shaming)

2021 ◽  
Vol 2 (3) ◽  
pp. 537-541
Author(s):  
Ni Made Yeni Sukmawati ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Social Media ◽  
Body Image ◽  
Research Method ◽  
Legal Protection ◽  
Criminal Code ◽  
The State ◽  
Legal Rules ◽  
Criminal Sanctions ◽  
Positive Law ◽  
Victim Protection

Body Shaming is a term that is currently trending, where criticizing or commenting on someone's physical in a negative way or with speech that intends to mock or insult someone's physical or appearance falls into this category. Legal protection for victims of body shaming needs to get very serious attention in order to deal with the phenomena that are currently happening on social media in particular. This study examines the regulation of the criminal act of insulting body image (body shaming) in terms of positive law and explains the legal protection provided to victims in the crime of insulting body image (body shaming). This study uses a normative research method by applying the legislation approach which refers to primary legal materials and secondary legal materials. The regulation of criminal acts of insulting body image (body shaming) in terms of positive law in general can be seen from the element of humiliation which is regulated in Chapter XVI of the Criminal Code and is grouped into 6 parts, namely from article 310 to article 318 and besides that, there are also other legal rules that regulate it implicitly in Article 27 paragraph (3). Article 45 paragraph (3) of the ITE Law. With sanctions in the form of criminal sanctions. The form of legal protection given to victims in the crime of body shaming is the making of policies by the State regarding prohibitions and strict sanctions for violators such as criminal sanctions and fines, through the established witness and victim protection institution

scholarly journals Violence Against Children and Child Protection (Case Study in Polres Purworejo)

2018 ◽  
Vol 1 (3) ◽  
pp. 819
Author(s):  
Justisia Pamilia Luberty
Keyword(s):  
Data Analysis ◽  
Sexual Violence ◽  
Child Protection ◽  
Legal Protection ◽  
Final Conclusion ◽  
Police Station ◽  
Violence Against Children ◽  
The Family

This study aims to explain the factors that cause of cases of violence against children and legal protection of children's data analysis begins with collecting data, reducing the data, presenting data, and the final conclusion. The results showed that the factors that lead to violence against children that occurred in purworejo refer to acts of sexual violence, which resulted in a deep trauma for the victims, as well as their follow-up is handled purworejo police station. Violence against children in purworejo is a case of sexual act that refers to the handling 76E jo Article 82 by Act No. 23 of 2002 on Child Protection. where the victim is a child and the perpetrator comes from within the family and outside the family. Violence against children should look by the community, in education needed either within the family or outside the family, it affects to grow to Consderng children, because every child deserves the affection in the family environment.Keywords: Violence; Children protection; Families.

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 PERLINDUNGAN HUKUM BAGI KORBAN TINDAK KEKERASAN SEKSUAL KAUM TUNARUNGU DALAM PRESPEKTIF HUKUM PIDANA

2020 ◽  
Vol 13 (2) ◽  
pp. 218-228
Author(s):  
Yulianti Ningsih Cahyani ◽  
Alfa Galih Verdiantoro ◽  
Febriyanti Uma
Keyword(s):  
Sexual Violence ◽  
Social Care ◽  
Islamic Law ◽  
Human Life ◽  
Legal Protection ◽  
People With Disabilities ◽  
Persons With Disabilities ◽  
Positive Law ◽  
The Law

AbstractVictims of sexual violence against persons with disabilities need legal protection through justice or social care, legislation is one of the references in the process of handling sexual violence because so far women have had difficulty in obtaining justice. With the aim of providing Islamic law in order to realize a better and fairer human life, as well as for the recovery of victims of sexual violence so that it can be accepted in the community and discrimination is not done which can make victims more traumatized. From the research that has been done that many people with disabilities who do not know the legal protection for them to avoid violence, harassment or taking away their rights are often ignored because of physical deficiencies, the positive law lies in the fact that the law is made and can be erased from everything acts that have been done by humans and are independent of the norms themselves.Keywords: legal protection; victims of violenceAbstrakKorban kekerasan seksual pada kaum difabel memerlukan perlindungan hukum baik melalui peradilan ataupun kepedulian sosial, perundang-undangan adalah salah satu rujukan dalam proses penanganan tindak kekerasan seksual karena selama ini perempuan sulit mendapatkan keadilan. Dengan tujuan memberikan penetapan hukum islam agar dapat mewujudkan kehidupan manusia yang lebih baik dan adil, sebagaimana untuk pemulihan pada korban kekerasan seksual agar dapat diterima dimasyarakat dan tidak dilakukannya diskriminasi yang dapat membuat korban menjadi lebih trauma. Dari penelitian yang telah dilakukan bahwa banyak kaum difabel yang belum mengetahui perlindungan hukum kepada mereka agar terhindar dari tindak kekerasan, pelecehan atau pengambilan hak mereka yang seringkali diabaikan karena dengan adanya kekurangan fisik, dalam hukum positif terletak pada fakta bahwa hukum dibuat dan dapat dihapuskan dari segala perbuatan yang telah dilakukan oleh manusia itu dan terlepas dari norma-norma itu sendiri.Kata kunci: korban kekerasan; perlindungan hukum

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 Korban Penipuan Jual Beli Online

2020 ◽  
Vol 1 (2) ◽  
pp. 266-270
Author(s):  
Bagus Andi Dwi Prakoso ◽  
I Nyoman Sujana ◽  
Luh Putu Suryani
Keyword(s):  
Legal Protection ◽  
Preventive Measure ◽  
Criminal Code ◽  
Criminal Sanctions ◽  
Positive Law ◽  
The People ◽  
Online Trading ◽  
The Law ◽  
Legal Understanding ◽  
Principle Of Legality

Currently, the internet is often used as a means of trading in Indonesia, which often leads to cybercrime crimes, from fraud in trading to fraudulent objects of buying and selling online, requiring legal preservation. What is the form of legal preservation of the object of fraud in online trading? How do criminal sanctions for fraudsters roll out online? These two questions are the problems examined in this study. This study was designed using a normative legal research design. The results of research and assessment can be concluded that legal protection for victims of online buying and selling fraud is essentially carried out by non-penal and penal channels. Legal protection using the penal line can be realized through repressive measures, and non-penal through preventive measures. In repressive actions, objects can be reported by visiting legal institutions for further processing. In a preventive measure, outreach is held about legislation and legal understanding of the ways and culture of using technology so that there is no response to requests for information via e-mail. Matters that affect legal protection for victims of online bladder selling are aimed at the lack of proper facilities and infrastructure, namely the inadequate extension of statutory regulations related to cybercrime to the public. Quality of law enforcement officers and the culture of the people who are not interested in making reports and testimonies. Fraud in trading with online media within the scope of legal regulations has been regulated using positive law in Indonesia, namely in the Criminal Code and the Electronic Information and Technology Law (UU ITE). Although the Law has not been able to deter all the perpetrators concerned, seeing the Principle of Legality in Article 1 of the Criminal Code and the opinion of criminal experts that online defamation is a crime, and therefore it is definitely against the law. Then it must be held accountable for the actions when it is done.

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.

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 A Criminological Outlook of Cyber Crimes in Sexual Violence Against Children in Indonesian Laws

2020 ◽  
Vol 10 ◽  
pp. 219-223
Author(s):  
I Nyoman Juwita Arsawati ◽  
◽  
I Made Wirya Darma ◽  
Putu Eva Ditayani Antari
Keyword(s):  
Sexual Violence ◽  
Child Protection ◽  
Active Role ◽  
Criminal Code ◽  
Electronic Information ◽  
Violence Against Children ◽  
Electronic Transactions ◽  
Cyber Crimes ◽  
The Government ◽  
The Impact

The purpose of this study is to analyze the cybercrimes in sexual violence against children in Indonesian laws. Act Number 11 of 2008 concerning Information and Electronic Transactions, concerning cybercrime specifically regulated in Indonesia. Of the various types of cybercrime that occur in Indonesia, it is interesting to study the vacuum norms governing cyber pornography carried out on children in Act Number 11 of 2008 concerning Information and Electronic Transactions. The crime can be said as violence against children whose punishment can be aggravated as stipulated in the Child Protection Act. This research is a normative legal study by examining the absence of norms in the ITE Law regarding sanctions imposed on perpetrators of child abuse in cyberspace. The study was conducted by using normative research methods so that utilizing primary legal materials such as the Criminal Code, Child Protection Act, Pornography Law, and Electronic Information and Transaction Law. Based on the collection and analysis of the legal material, the results showed that there is a need for criminal penalties for cyber pornography against children. This is done by considering the impact of the crime on the development of children and aims that the perpetrators deter and prevent similar crimes. The results practically contribute that the government is expected to play an active role in continuing to provide protection and assistance for psychological recovery from victims.

scholarly journals Punishment Arrangement on the Action of Sexual Violence against Children in Legal Regulations of Indonesia

2019 ◽  
Vol 6 (2) ◽  
pp. 237
Author(s):  
Yelli Nelvia ◽  
Elwi Danil ◽  
Aria Zurnetti
Keyword(s):  
Domestic Violence ◽  
Sexual Violence ◽  
Child Protection ◽  
Crime Rate ◽  
Criminal Code ◽  
Legal Regulations ◽  
Violence Against Children ◽  
Second Amendment ◽  
Procedure Code ◽  
Research Problems

The research problems are “How is the punishment arrangement of sexual violence against children in legal regulations of Indonesia? How is the punishment arrangement of sexual violence against children in the Draft of the 2015 Criminal Code and in the Draft of the 2018 Criminal Code?” This research is normative juridical research. This study uses a legal approach to the Child Protection Law, the Law on the Elimination of Domestic Violence and the Draft of the Criminal Code in 2015 and 2018 concerning sexual violence against children. The results of the study indicate that various types of laws have provided detailed regulation of the criminal actions of sexual violence against children. Giving punishment for the perpetrators has been strictly regulated. Law No. 17 of 2016 concerning the Second Amendment to Law No.23 of 2002 concerning Child Protection contains a threat of castration for perpetrators of sexual violence against children. This punishment is expected to reduce the crime rate against the perpetrators and no more pedophiles in Indonesia. However, in the Draft of Criminal Procedure Code, the criminal actions of sexual violence against children is combined into the chapter on decency, not regulated separately and the threats given are also not as severe as the criminal threats in the child protection law. It is highly expected that there is a change in the Draft of Criminal Code to separate between cases of decency and child protection. The threat of punishment given is also aggravated.

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