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

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.

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Penyelesaian Sengketa Transaksi Bisnis Elektronik Commerce Melalui Internet

Jurnal Konstruksi Hukum ◽

10.22225/jkh.2.2.3209.218-222 ◽

2021 ◽

Vol 2 (2) ◽

pp. 218-222

Author(s):

Anak Agung Bagus Sempidi Junior ◽

Anak Agung Sagung Laksmi Dewi ◽

Desak Gde Dwi Arini

Keyword(s):

Information Technology ◽

Electronic Commerce ◽

Cultural Values ◽

Research Method ◽

Legal Protection ◽

Legal Research ◽

Legal Rules ◽

Business Transactions ◽

The Government ◽

Settlement Of Disputes

Development of information technology through legal infrastructure and its regulation so that the use of Information Technology is carried out safely to prevent its misuse by taking into account the religious and socio-cultural values of the Indonesian people. . The research method uses normative legal research and problem approaches using statutory and conceptual approaches. The results of the study show that consumer legal protection in online Electronic Commerce business transactions is regulated through online sale and purchase agreements based on conventional formal and material terms accompanied by buying and selling transactions carried out electronically through computer media. Settlement of disputes in e-commerce business transactions via online, is carried out both non-litigation and litigation. The suggestion is to the Government, it is hoped that participation in solving problems is very important, if a case like this occurs between different countries, then the settlement of this problem must be determined which legal rules will be used to solve it. The purpose of this study is to determine legal protection for consumers in electronic commerce business transactions through online, and how to resolve disputes that occur in electronic commerce business transaction agreements through online

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PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA KESUSILAAN DALAM HUKUM PIDANA POSITIF SAAT INI

Jurnal Pembaharuan Hukum ◽

10.26532/jph.v3i2.1407 ◽

2016 ◽

Vol 3 (2) ◽

pp. 172

Author(s):

Sri Endah Wahyuningsih

Keyword(s):

Criminal Law ◽

Child Protection ◽

Government Regulation ◽

Legal Protection ◽

Criminal Code ◽

Child Victims ◽

Sexual Offenses ◽

Victims Of Crime ◽

Victim Protection ◽

The Law

Problems of sexual offenses against children arising from the enforcement of the criminal law has not been oriented to the protection of victims, especially justice, but rather on the application of penalties on the offender. As a result, not make people afraid of committing a crime of morality, even more perpetrators of rape and sexual abuse against children. the problem in this research is how the provisions of the legal protection of children as victims of sexual offenses under criminal law are positive today.Legal protection of child victims of crime in the criminal law of chastity positive current on Article 287, 290, 292, 293, 294 and 295 of the Criminal Code and Article 81 and 82 of the Act.No. 23/2002, as amended. Act. No. 35 of 2014 as amended by Government Regulation No.1 / 2016 on the amendment of the Law No. 23/2002 on Child Protection, and when the victims are included in the scope of the household, then apply the provisions of Articles 46 and 47 of the Law. No. 23/2004 on the Elimination of Domestic Violence, and Law No. 31/2014 on Witnessand Victim Protection. weakness that emerged in the Act. No. 31/2014 is the absence of a provision governing the sanctions when players do not give restitution to the victims.

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

Jurnal Preferensi Hukum ◽

10.22225/jph.2.1.2793.1-5 ◽

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).

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Sanksi Pidana bagi Pelaku Perbuatan Cabul terhadap Anak Dibawah Umur (Studi Kasus Putusan Nomor 29/Pid. Sus- Anak/2018/PN Dps)

Jurnal Preferensi Hukum ◽

10.22225/jph.1.1.1997.139-144 ◽

2020 ◽

Vol 1 (1) ◽

pp. 139-144

Author(s):

I Putu Arta Setiawan ◽

I Wayan Rideng ◽

Ni Made Sukaryati Karma

Keyword(s):

Sexual Abuse ◽

Law Enforcement ◽

Child Protection ◽

Legal Protection ◽

Deterrent Effect ◽

Public Prosecutor ◽

Child Victims ◽

Victims Of Sexual Abuse ◽

The Law ◽

The Government

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

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Rehabilitation and reintegration policies of children victims of criminal action in the Children's Criminal Jurisdiction System

Research Society and Development ◽

10.33448/rsd-v10i1.11706 ◽

2021 ◽

Vol 10 (1) ◽

pp. e32810111706

Author(s):

Ani Purwati ◽

Fifin Dwi Purwaningtyas ◽

Jumali Sapta Agung

Keyword(s):

Juvenile Justice ◽

Restorative Justice ◽

Juvenile Justice System ◽

Methodological Approach ◽

Legal Protection ◽

Child Victims ◽

Conceptual Approach ◽

Child Victim ◽

Rehabilitation Programs ◽

Rights Of The Child

This research examines the harmonization of statutory regulations and the application of law on child victim protection as an achievement of optimal independence for child victims during formal restorative justice and post-recovery. The research objectives and specific targets were (1) formulating the concept of rehabilitation and reintegration of child victims in the juvenile justice system; (2) establishment of SOP (Standard Operational Implementation) for law enforcement officers on the handling of child victims; (3) integrated networking institutions / legal aid institutions and psychological assistance for child victims; and (4) the formulation of juvenile justice teaching, restorative justice, legal and psychological approaches. The method used in this research is through a mix methodological approach between law and psychology with a conceptual approach and a statue approach to analyze the weaknesses of current legislation, such as centralized legal protection for child victims of the fulfillment of restorative judicial evidence (informal), but not yet. Integrated psychosocial and vocational rehabilitation programs for every victims. Apart from that, the child criminal law policy in Indonesia which implements restorative justice is still in the perspective of children in conflict with the law. The concept method of victim rehabilitation is implemented by rehabilitation programs in accordance with the principles of the Convention on the Rights of the Child (KHA).

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SISTEM PEMIDANAAN ANAK SEBAGAI PELAKU TINDAK PIDANA PERSPEKTIF UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

Jurnal Surya Kencana Satu : Dinamika Masalah Hukum dan Keadilan ◽

10.32493/jdmhkdmhk.v6i1.339 ◽

2016 ◽

Vol 6 (1) ◽

pp. 58

Author(s):

Guntarto Widodo

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Restorative Justice ◽

Child Protection ◽

Justice System ◽

Legal Protection ◽

Legal Research ◽

Legal Rules ◽

Rights Of The Child ◽

The Republic

This study describes The principles system of legal protection against Children as criminal perpetrator in Law of the Republic of Indonesia Law Number 11 of 2012 concerning Juvenile Criminal Justice System refer to the Convention on The Rights of The Child and it has covered most of the principles of child protection perpetrator as well. The research method used in this study is a normative legal research because it includes the scope of legal dogmatic learning or researching legal rules. The study also found First, The provision of punishment against the child has been in accordance with that stipulated in Law Number 23 of 2002 concerning Children Protection which states that imprisonment can be applied to the child when there is not last effort any longer, and shall be executed separately from the adult prison;,Second, The Child protection efforts shall be implemented by imposing sentencing restorative (restorative justice) and diversion in the event that completing the requirement of Law Number 11 of 2012 concerning Juvenile Criminal Justice System. Keywords: Sentencing System, Criminal Justice System, Child Protection

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Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt

Hang Tuah Law Journal ◽

10.30649/htlj.v4i1.140 ◽

2020 ◽

Vol 4 (1) ◽

pp. 63

Author(s):

Elfan Winoto

Keyword(s):

Legal Protection ◽

Criminal Code ◽

Professional Standards ◽

Doctor Who ◽

Legal Research ◽

Criminal Offender ◽

Standard Operating ◽

Medical Emergencies ◽

The Government ◽

Legal Consequences

Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions. Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.

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Sanksi Pidana terhadap Pengasuh Tempat Penitipan Anak terhadap Kematian Anak yang Diasuh

Jurnal Konstruksi Hukum ◽

10.22225/jkh.1.1.2143.120-124 ◽

2020 ◽

Vol 1 (1) ◽

pp. 120-124

Author(s):

Gede Made Agus Paramartha ◽

I Ketut Sukadana ◽

I Made Minggu Widyantara

Keyword(s):

Child Care ◽

Child Protection ◽

Care Service ◽

Care Center ◽

Legal Protection ◽

Criminal Code ◽

Child Care Center ◽

Care Services ◽

Legal Method ◽

Child Care Service

Children are one of the gifts entrusted by God Almighty to every parent. They have the obligation to supervise and maintain the development of each child. Children should also be cared for properly by their parents, but it is not uncommon for children to be cared for by others through child care services. When a child is under supervision at a child care service, there is negligence by the caregiver which causes the death of the child. Based on this background, this study aimed to describe how the legal protection for children who are left in a child care center and what are the criminal sanctions for the caregivers of child care center toward child deaths. This research was conducted using the normative legal method. The results of this study showed that children who are left in a child care center get legal protection to prevent children from getting acts that threaten the child's psyche. Legal protection is specifically regulated in Law Number 35 of 2014 concerning child protection. In addition, the criminal sanction for caregivers of child care toward the death of a child refers to article 359 of the Criminal Code with the risk of a sentence of 5 years in prison.

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

Ajudikasi Jurnal Ilmu Hukum ◽

10.30656/ajudikasi.v4i1.2162 ◽

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.

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The Tensions On The Protection Of Local-Traditional Indonesian Batik

Yuridika ◽

10.20473/ydk.v36i1.24077 ◽

2021 ◽

Vol 36 (1) ◽

pp. 177

Author(s):

Ria Setyawati ◽

Mas Rahmah ◽

Rahmi Jened ◽

Nurul Barizah ◽

Agung Sujatmiko

Keyword(s):

Legal Protection ◽

Problem Formulation ◽

International Level ◽

Legal Research ◽

Conceptual Approach ◽

Legal Rules ◽

Legal Problems ◽

The Times ◽

Legal Concepts

Batik artwork has been known for hundreds of years and has become part of the culture of Indonesian society. Some batik motifs in Indonesia have philosophical values and are part of traditional traditional ceremony activities. Along with the times, the creativity of batik artists has become varied even though ancient traditional motifs are still mass produced and used as inspiration. This research examines the legal protection for traditional batik in order to avoid the abuse of rights by certain parties who merely exploit it in order to benefit from the existence of traditional batik works. The formulation of the problem that will be examined in this research is whether traditional batik gets legal protection under the copyright regime in Indonesia? Are there any legal safeguards at the international level for traditional Indonesian batik works? In answering this problem formulation will use a conceptual approach and a statutory approach. This research is a legal research that will examine existing legal concepts and related legal rules in solving legal problems related to the protection of traditional batik.

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