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

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.

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REKONTRUKSI PASAL 7 AYAT (1), UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK, BERBASIS PRINSIP-PRINSIP INDIVIDUALISASI PIDANA DALAM HUKUM ISLAM

Yustitia ◽

10.31943/yustitia.v6i1.106 ◽

2020 ◽

Vol 6 (1) ◽

pp. 79-93

Author(s):

Maemunah Maemunah

Keyword(s):

Juvenile Justice ◽

Child Protection ◽

Justice System ◽

Juvenile Justice System ◽

Legal Protection ◽

District Court ◽

Comparative Approach ◽

Level 3 ◽

The Law ◽

Special Protection

Children are a trust and gift from God who has dignity and dignity as a whole human being. In order to safeguard his dignity, the child is entitled to special protection, especially legal protection in the justice system. In realizing the maximum child protection, requires a policy that supports the realization of maximum protection, with the issuance of Law Number 11 Year 2012, concerning the Juvenile Justice System. This is done because Indonesia as a State Party in the Convection of children's rights governing the principle of legal protection against children have an obligation to provide special protection for children in conflict with the law. In Article 7 Paragraphs 1 and 2 of the Law on the Juvenile Justice System, article 7 (1) At the level of investigation, prosecution and examination of cases of children in the district court must be endeavored Diversion, (2) Diversion as meant in paragraph (1) is carried out in the case of acts crimes committed: (a) are threatened with imprisonment of less than 7 (seven) years and (b) do not constitute repeat offenses. This study intended to examine and analyze the form of legal construction of the Juvenile Justice System specifically implementing diversion for victims with demands of less than 7 years. The research method uses a statutory approach, a case approach, and a comparative approach to the number of cases by reviewing and analyzing legislation, journals, cases, data and direct interviews. According to the results of the study, it is found that the implementation of legal penal system of the Juvenile Justice System (1) child cases is increasing, (2) diversion is carried out since the investigation up to the court, and there are still many that are done at a higher level, (3) have an understanding, that diversion must be sought, has a meaning that can be done at various levels so that diversion occurs at several levels, and often occurs at the Court level.

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Perlindungan Hukum Anak Nakal dalam Penjatuhan Sanksi Pidana

Jurnal Preferensi Hukum ◽

10.22225/jph.1.2.2380.83-87 ◽

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.

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HAK ANAK DALAM SISTEM PERADILAN PIDANA ANAK DI INDONESIA

Negara dan Keadilan ◽

10.33474/hukum.v9i1.7626 ◽

2020 ◽

Vol 9 (1) ◽

pp. 91

Author(s):

Ramdani Ramdani

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Child Protection ◽

Justice System ◽

Juvenile Justice System ◽

Legal Protection ◽

Children's Rights ◽

Children’S Rights ◽

Best Interests ◽

Literature Study

Penelitian ini membahas tentang “Hak Anak Dalam Sistem Peradilan Pidana Anak di Indonesia”. Penelitian ini bertujuan untuk mengentahui, menganalisis dan membahasn konsep serta bentuk dari hak anak dalam sistem peradilan pidana anak di Indonesia. Penelitian ini merupakan penelitian normativ dengan menggunakan pendekatan studi kepustakaan dengan menelaah, meneliti dan mengkaji perundang-undangan yang membahas tentang hak anak baik secara konsep maupun bentuk. Hasil dari penelitian ini secara garis besar dapat disimpulkan bahwa anak dalam dalam perkara pidana mendapat jaminan perlindungan hukum dalam berbagai bentuk seperti jaminan keselamatan baik fisik, mental maupun sosial dan memiliki akses terhadap informasi mengenai perkembangan perkara. Anak harus mendapatkan haknya berdasarkan kepentingan terbaik anak penghargaan terhadap anak. Jaminan perlindungan yang didapat tidak hanya dari Undang-undang No 11 tahun 2012 tentang sistem peradilan pidana anak namun juga dari Undang-undang No 13 tahun 2006 tentang perlindungan saksi dan korban. Negara dalam hal ini pemerintah dan aparatur penyelenggara memperhatikan implementasi yang efektif dengan pertimbangan kepentingan terbaik anak.Kata kunci: Sistem peradilan pidana anak, perlindungan anak, hak anakThis research discusses "Children's Rights in the Child Criminal Justice System in Indonesia". This study aims to identify, analyze and discuss the concepts and forms of children's rights in the juvenile justice system in Indonesia. This research is a normative study using a literature study approach by examining, researching and examining laws that discuss children's rights both in concept and form. The results of this study can be broadly concluded that children in criminal cases receive legal protection guarantees in various forms such as safety guarantees both physically, mentally and socially and have access to information regarding case developments. Children must get their rights based on the best interests of the child and respect for the child. The guarantee of protection is obtained not only from Law No. 11 of 2012 concerning the juvenile criminal justice system but also from Law No. 13 of 2006 concerning the protection of witnesses and victims. The state in this case the government and the apparatus organizers pay attention to effective implementation with consideration of the best interests of children.Keywords: Child criminal justice system, child protection, children's rights

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CRIMINAL POLICY IN CHILDREN'S CONSTRUCTION EFFORTS AS A NARCOTIC CRIMINAL ACTION PERSON

UNTAG Law Review ◽

10.36356/ulrev.v2i2.921 ◽

2018 ◽

Vol 2 (2) ◽

pp. 144

Author(s):

Frans Simangunsong

Keyword(s):

Criminal Justice ◽

Law Enforcement ◽

Juvenile Justice ◽

Child Protection ◽

Justice System ◽

Juvenile Justice System ◽

Criminal Policy ◽

Electronic Media ◽

Daily Press ◽

Special Provision

Cases of narcotics abuse are increasing. This is evidenced by the almost daily press reports from newspapers and electronic media about smuggling, illegal trade, arrests and detention related to the problem of narcotics abuse. The purpose of narcotics abuse is a deviant or accidental use of narcotics. So the act violates the law and is threatened with criminality. Criminal policy in an effort to control children as perpetrators of narcotics crimes. Threats of imprisonment that can be imposed on children no later than 1/2 (one half) from the maximum threat of imprisonment for adults. This means that the criminal threat for children who become narcotics couriers is half of the criminal threats contained in the Narcotics Law. For children who become couriers or narcotics brokers, they must be based on the mechanism stipulated in the Child Protection Act and the Juvenile Justice System Law. Law enforcement for perpetrators who are still under age, there is a special provision called diversion, namely the transfer of settlement of child cases from criminal justice processes to processes outside of criminal justice

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Perlindungan Hukum terhadap Anak yang Menjadi Korban Tindak Pidana Persetubuhan di Bawah Umur

Jurnal Preferensi Hukum ◽

10.22225/jph.v1i2.2369 ◽

2020 ◽

Vol 1 (2) ◽

pp. 1-5

Author(s):

Agustinus Yitsak Mannuel Kapitan ◽

I Made Sepud ◽

I Nyoman Sujana

Keyword(s):

Law Enforcement ◽

Sexual Intercourse ◽

Child Protection ◽

Legal Protection ◽

Medical Assistance ◽

Criminal Sanctions ◽

Sense Of Security ◽

Law Enforcement Officials ◽

Body And Soul ◽

The Right

Legal protection is a legal effort that must be provided by law enforcement officials to provide a sense of security to the community both body and soul from interference and threats from any party. The protection of children who are victims of moral crimes is regulated in Law Number 23 of 2002 jo and Law Number 35 of 2014 concerning Child Protection. This research was conducted with the aim of describing the legal protection of a child who is the victim of criminal acts of sexual intercourse and the criminal sanctions against the perpetrators of the sexual intercourse crime on a child. This research was conducted using the normative legal research method. Based on the results of the research and discussion, the legal protection for children who are victims of criminal acts of intercourse is regulated in Law No. 35/2014. Children who are victims are given protection in the form of medical assistance, psycho-rehabilitation, the right to restitution, the right to compensation. Criminal sanctions against the perpetrator of the criminal act of child sexual intercourse in decision number 58 / Pid.Sus / 2015 / PN.Tab, the perpetrator was sentenced to 7 (seven) years in prison and a fine of 150,000,000.00. Seeing the perpetrator's actions were very cruel, robbing other people's honor, namely his own daughter, the punishment that should be given to the perpetrator is the maximum punishment. If the fine cannot be paid, the defendant's sentence will be increased to 6 (six) months.

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Legal Protection Reform for Children Conflicted with Law

Rechtsidee ◽

10.21070/jihr.v1i1.101 ◽

2014 ◽

Vol 1 (1) ◽

pp. 59

Author(s):

Emy Rosna Wati

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Child Protection ◽

Justice System ◽

Juvenile Court ◽

Legal Protection ◽

Victims Of Crime ◽

The Law ◽

The Government

The government has long been giving protection to children. Protection is reflected in the issuance of various Law. One of them is the Law No. 23 of 2003 on Child Protection. The legal protection of children in conflicted with law and child as victims of crime are regulatedin articlenumber 64. Issuance of Law No. 3 of 1997 on Juvenile Court actually originates from a passion for protecting the rights of children in conflicted with the law. However, due to inadequate understanding and mindset of Juvenile Court, which is do not have the children’s perspective, what comes up is that the substance of Law on Juvenile Court is not to protect children but to prosecute children. However, after the release of Law No. 11 of 2012 onThe Criminal Justice System of Children, legal protection of children in conflict with the law was encouragingly reformed. How To Cite: Rosna Wati, E. (2014). Legal Protection Reform for Children Conflicted with Law. Rechtsidee, 1(1), 59-70. doi:http://dx.doi.org/10.21070/jihr.v1i1.101

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Sanksi Pidana Penyalahgunaan Pengangkutan Bahan Bakar Bersubsidi

Jurnal Konstruksi Hukum ◽

10.22225/jkh.2.1.2597.281-285 ◽

2020 ◽

Vol 1 (2) ◽

pp. 281-285

Author(s):

I Dewa Gede Sastra Buwana ◽

I Wayan Rideng ◽

I Ketut Sukadana

Keyword(s):

Oil And Gas ◽

Legal Protection ◽

The State ◽

Point Of View ◽

District Court ◽

Criminal Sanctions ◽

Legal Literature ◽

Legal Sanctions ◽

The Republic ◽

The Government

Oil and gas is a natural resource controlled by the state and is a source of vital commodities that play an important role in every human activity. The misuse of the transportation and trade of fuel subsidized by the government by certain individuals can take away the rights of the less fortunate and result in losses to the state. This research explains how to arrange the transportation or commercialization of subsidized fuel and to find out the criminal sanctions for the perpetrators of misuse of subsidized fuel. The research method used is Normative Law research. The statutory approach to the problem is to analyze from the point of view of statutory regulations and relevant theories. Sources of legal materials in this study are primary and secondary legal materials. The technique of collecting legal materials is obtained from legal literature materials by collecting, reading and recording legal materials related to the crime of misuse of subsidized fuels. The results of this study are first, the regulation of legal protection and supervision has been regulated in accordance with the provisions of Article 46 of Law No. 22 of 2001 on Oil and Gas. Second, legal sanctions against perpetrators of misuse of subsidized fuel: case at the Gianyar District Court (PN) case number 153 / Pid.Sus / 2017 / PN. Gin is cumulative in nature, as regulated in Article 55 of the Republic of Indonesia Law No. 22 of 2001, namely given a verdict in the form of a prison sentence of 10 (ten) months and a fine of 2 million rupiahs provided that if the fine is not paid, it is replaced by imprisonment for 2 (two) month

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Implikasi Konsep Utilitarianisme dalam Penegakan Hukum Tindak Pidana Narkotika: Kajian Putusan Pengadilan Negeri Yogyakarta Nomor 389/Pid.Sus/2015/PN.Yyk

Jurnal Wacana Hukum ◽

10.33061/1.jwh.2019.25.2.3003 ◽

2019 ◽

Vol 25 (2) ◽

pp. 16

Author(s):

Shinta Rhukmi B.

Keyword(s):

Human Rights ◽

Law Enforcement ◽

Justice System ◽

Drug Users ◽

District Court ◽

Legal Research ◽

Criminal Sanctions ◽

Binding Force ◽

The Supreme Court ◽

Protection Of Human Rights

AbstrakSistem peradilan pidana merupakan unsur yang signifikan dalam upaya pemberantasan tindak pidana narkotika. Pengguna narkotika seyogyanya mendapatkan sanksi pidana yang berat, mengingat korban penyalahgunaan narkotika di Indonesia semakin bertambah dari tahun ke tahun. Namun, dari segi penegakan hukum Mahkamah Agung melalui Putusan Pengadilan Negeri Yogyakarta Nomor 389/Pid.Sus/2015/PN Yyk hanya memuat formulasi yang tidak didukung dengan teori-teori keilmuan, bahkan putusan tersebut tidak mencantumkan keterangan masa penahanan atau ketentuan Pasal 197 ayat (1) huruf h Undang-Undang Nomor 8 Tahun 1981. Jenis penelitian ini adalah penelitian hukum normatif. Penelitian hukum normatif lebih mengutamakan studi pustaka. Hasil penelitian menunjukkan bahwa kekuatan mengikat Pasal 197 ayat (1) Undang-Undang Nomor 8 Tahun 1981 adalah mandatory, imperatif dan limitatif dalam putusan hakim, yang bertujuan untuk memberikan nilai-nilai keadilan dan perlindungan terhadap hak-hak asasi manusia bagi para pihak. Adapun konsekuensi ketentuan tersebut apabila tidak dipenuhi dalam putusan hakim adalah putusan batal demi hukum.AbstractThe criminal justice system is a significant element in efforts to eradicate narcotics crime. Drug users should get severe criminal sanctions, considering that victims of narcotics abuse in Indonesia are increasing from year to year. However, in terms of law enforcement the Supreme Court through the Decision of the Yogyakarta District Court Number 389 / Pid.Sus / 2015 / PN Yyk only contains formulations that are not supported by scientific theories, even the decision does not include informatio on the period of detention or the provisions of Article 197 paragraph ( 1) letter h of Law Number 8 of 1981. This type of research is normative legal research. Normative legal research prioritizes literature. The results of the study indicate that the binding force of Article 197 paragraph (1) of Law Number 8 of 1981 is mandatory, imperative and limited in the judge's decision, which aims to provide values of justice and protection of human rights for the parties. The consequences of these provisions if not fulfilled in the judge's decision are the verdict null and void.

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PRIMUM REMEDIUM ACTION SANCTIONS AGAINST CHILDREN IN CONFLICT WITH THE LAW

Cepalo ◽

10.25041/cepalo.v5no2.2362 ◽

2021 ◽

Vol 5 (2) ◽

pp. 107-120

Author(s):

Mashuril Anwar

Keyword(s):

Criminal Justice ◽

Law Enforcement ◽

Criminal Justice System ◽

Justice System ◽

Secondary Data ◽

Best Interests ◽

Correctional Institutions ◽

State Budget ◽

Criminal Sanctions ◽

The Law

Criminal sanctions are more popular than action sanctions at the application level. Action sanctions formulation is regulated in Articles 82 and 83 of the Juvenile Criminal Justice System Law, while criminal sanctions are the last resort. However, criminal sanctions are still the "prima donna" in law enforcement practices against children in conflict. This condition raises various problems such as the overcapacity of correctional institutions, burdens the state budget, and creates a stigma against children in conflict with the law. Because the purpose of implementing the juvenile criminal justice system is in the child's best interests, action sanctions should be prioritised, even though criminal sanctions are needed in law enforcement against children in conflict with the law. Therefore, an idea emerged to restore criminal sanctions as ultimum remedium and strengthen action sanctions as primum remedium. The problem discussed in this study is how to implement primum remedium action sanctions against children in conflict with the law? And how to strengthen primum remedium action sanctions against children in conflict with the law? This study uses a normative juridical, an empirical juridical, and a comparative methods. The data in this article are sourced from primary and secondary data processed through description, prescription, and system. The results indicate that criminal sanctions still dominate judges' decisions in children in conflict with the law, and action sanctions are complementary sanctions because it is rarely applied.

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Enforcement of Law of Copyright Infringement and Forgery with the Rise of the Digital Music Industry

Jurnal Penelitian Hukum De Jure ◽

10.30641/dejure.2021.v21.223-236 ◽

2021 ◽

Vol 21 (2) ◽

pp. 223

Author(s):

Nevey Varida Ariani

Keyword(s):

Law Enforcement ◽

Government Regulation ◽

Music Industry ◽

Legal Protection ◽

Digital Music ◽

Criminal Sanctions ◽

Directorate General ◽

The Law ◽

The Government

The current pandemic situation encourages musicians to be productive in creating digital works such as songs and music so that their creative works can produce moral and economic values. However, infringement and forgery of digital music works are rampant. The issue of royalties is still a problem in the digital music industry in Indonesia, including new challenges to the role of aggregators and Collective Management Organization. The problem of this research is how the enforcement of the law of copyright infringement and forgery is with the emergence of the digital industry. This research used a qualitative method with a normative juridical approach. The results of the research showed that the increasing and complicated law enforcement related to digital music copyright is influenced by regulations such as complaint offense that hindered the law enforcement. The process of coordination and supervision between the Civil Servant Investigator (PPNS) of the Directorate General of Intellectual Property and other law enforcement officers needs to be improved. Law enforcement includes payment of compensation, termination of certain activities that cause harm to creators and owners of related rights, obligation to withdraw from circulation, revocation of business licenses, termination of business activities, and the last resort of ultimum remedium in the form of criminal sanctions. Dissemination of information and knowledge regarding IPR law and its derivative regulations including Government Regulation No. 50 Year 2021 carried out by the government is part of the legal protection of the society to increase public legal awareness in the digital era.

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