scholarly journals Children Involvement in Terrorism Activities: Perpetrator or a Victim? (A Study in the Circle of Violence)

2021 ◽  
Vol 8 (2) ◽  
pp. 213-231
Author(s):  
Wawan Edi Prastiyo ◽  
I Ketut Rai Setiabudhi

Terrorism is an extraordinary crime since it violates human rights. However, it will be different if children commit it. The legal approach is not necessarily taken against children who become terrorists. The problem of children's involvement in terrorist activities does not end there. Another important issue that must also be considered is children of terrorist parents. They must be rescued from a violent social environment. In this study, we will discuss the position of children as victims in the cycle of violence of terrorism and criminal policies in overcoming the involvement of children in terrorism activities. This research is normative legal research that examines the availability of provisions regulating the involvement of children in terrorism activities. Legal materials come from primary and secondary legal materials that are collected through literature study. Children who become terrorists are actually victims indoctrinated to commit terrorism which is believed as a struggle. Therefore, a human rights approach is needed to provide child protection. The criminal policy in tackling the involvement of children in terrorism activities is carried out by regulating the rehabilitation of radicalized children who are perpetrators and the placement of children whose parents are members of terrorism networks in a safe place.

2018 ◽  
Vol 4 (1) ◽  
pp. 141
Author(s):  
Muhammad Fachri Said

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.


Author(s):  
M. Nur Syafiuddin ◽  
Rachmad Safa’at ◽  
Prija Djatmika ◽  
Istislam Istislam

Children have human rights (HAM) as those of adults. Unfortunately, discussions regarding children's rights are not as intense as adult rights or women's rights. There are not many parties that discuss and take concrete actions related to the protection of children's rights. In fact, children are a reflection of the future, assets of family, religion, nation and state. This study aims to describe and analyze the meaning of child support in the pattern of child protection in Indonesia based on the best interests of the child. This normative legal research utilized a philosophical and statutory approach. Analytical techniques used to process legal materials were analytical prescriptive methods, hermeneutics (interpretation) of law and ijtihadi. The legal materials used were primary legal materials including laws on child protection and secondary legal materials consisting of all literature and publications relevant to the field of child protection law. The results showed that there are at least two meanings of child support in the pattern of child protection in Indonesia based on the principle of child protection: child support as a guarantee for child welfare and child support as a futuristic value in child protection.


2021 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Zaimah Husin

The problem experienced by contract workers or outsourcing are quite varied, which includes the potential of human rights violations. This is because the insufficient existing regulations in Indonesia protect contract workers. This study is legal research, which uses statutory and conceptual approaches that utilize primary, secondary, and tertiary legal materials. The technique of collecting legal materials in this legal research uses literature study. This study shows that outsourcing workers are the most disadvantaged party in a work agreement, remarkably where they are terminated. The outsourcing worker will not get the normative rights like ordinary workers. Outsourced workers do not have a fixed work period. Then, the working period returns to the beginning when a work contract agreement occurs. The work contract system with probation conducted by the company directly benefits the company. It can violate human rights due to the absence of wages based on the length of work provided by the company. As a result, it is essential to pay attention to agency workers' conditions to obtain legal protection for human rights. Human rights are fundamental and must be legally protected. Thus, legal protection regarding the rights of outsourced workers can be carried out by the local government by issuing policies that regulate legal protection for agency workers. Finally, companies will pay more attention to the welfare of workers. KEYWORDS: Outsourcing Workers, Right to Work, Legal Protection.


2021 ◽  
Vol 2 (3) ◽  
pp. 646-650
Author(s):  
Ni Nyoman Ayu Ratih Ganitri ◽  
I Nyoman Putu Budiartha ◽  
Luh Putu Suryani

Children are not only actively involved as beggars, but toddlers are also passively involved, where children under the age of two are carried in pathetic conditions to make other people feel sad and sorry, thus giving them money. This study aims to explain the qualifications of criminal acts of perpetrators who order children as beggars and examine criminal liability for perpetrators who commit acts of ordering children as beggars. This study used a normative legal research method with a problem and conceptual approach. Sources of data used were primary and secondary legal data. Data collection was done through a literature study by taking notes. The results of the study revealed that the act of begging is categorized as a violation of public order as regulated in Article 504 of the Criminal Code. Doing the act of ordering children as beggars can be classified as a crime and also as an act of violation. Everyone is prohibited from exploiting children in any form as regulated in Article 301 of the Criminal Code junto Article 76I and Article 88 of Law no. 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.


2020 ◽  
Vol 9 (1) ◽  
pp. 149
Author(s):  
I Komang Ferdyan Julyatmikha ◽  
Kadek Agus Sudiarawan

Tujuan penulisan artikel ini untuk memberikan pemahaman mengenai manfaat bila suatu produk hukum daerah (Peraturan Daerah) telah memiliki, mengadopsi karakter/konsep Green Constitution dan untuk mengetahui bagaimana bentuk/karakteristik suatu produk hukum daerah (Peraturan Daerah) dapat dikatakan telah menerapkan atau mengadopsi prinsip Green Constitution. Penulisan ini menggunakan metode penelitian hukum normatif dengan digunakannya pendekatan perundang-undangan (statue approach) dan pendekatan konseptual (conceptual approach). Teknik pengumpulan bahan hukum menggunakan Teknik studi literatur. Hasil studi ini menunjukkan bahwa manfaat prinsip Green constitution jika di implementasikan kedalam produk hukum daerah (peraturan daerah) dapat menjadikan lingkungan hidup tetap lestari dan terjaga, karena dianggap memiliki kedaulatan lingkungan dan hak asasinya tersendiri sehingga meningkatkan derajat dari lingkungan hidup serta dapat mewujudkan pemerintah daerah yang ecocracy dan dapat mencapai tujuan nasional dalam pembangunan berkelanjutan yang berwawasan lingkungan hidup. Karakteristik jika suatu peraturan daerah telah menerapkan prinsip Green Gonstitution dapat dilihat pada saat penyusunan peraturan tersebut dengan menggali aspek-aspek lingkungan hidup dalam naskah akademik usulan suatu peraturan daerah dan setiap pasal yang menghormati aspek kedaulatan lingkungan seperti halnya hak asasi manusia. The purpose of writing this article is to provide an understanding of the benefits if a regional legal product (Regional Regulation) already has, adopts the character / concept of the Green Constitution and to find out how the form / characteristics of a regional legal product (Regional Regulation) can be said to have implemented or adopted the Green principle. Constitution. This writing uses a normative legal research method with the use of a statutory approach (statue approach) and a conceptual approach (conceptual approach). The technique of collecting legal materials uses literature study techniques. The results of this study show that the benefits of the Green constitution principle if implemented into regional legal products (regional regulations) can make the environment sustainable and preserved, because it is considered to have environmental sovereignty and its own human rights so as to increase the degree of the environment and can create a regional government that is ecocracy and can achieve national goals in environmentally sustainable development. The characteristics if a regional regulation has applied the principle of Green Gonstitution can be seen when drafting the regulation by exploring environmental aspects in the academic text of the proposed regional regulation and each article that respects aspects of environmental sovereignty such as human rights.


2020 ◽  
Vol 2 (3) ◽  
pp. 28-38
Author(s):  
M. Afif Hasbullah

The purpose of this study was to determine the juridical review of consumer protection against expired food products. The research method used in this study is a qualitative method with a normative juridical approach. The focus of this research is the Study of Consumer Protection Law on Expired Food Products. The method of data collection in this study used the literature study method. The type of data used is secondary data. The formulated legal problems will be answered through legal research using relevant legal theories to explain the legal protection of human rights against economic, social, and cultural rights. After classifying legal materials, both primary and secondary legal materials are analyzed and then described systematically. Based on the analysis results, it can be concluded that Indonesia already has many regulations in the field of food and consumer protection. However, in the area of ​​application of the law, it is still weak because there are still many violations committed by producers, distributors, and product sellers who have not heeded the Human Rights owned by consumers as part of the implementation of the task of supervising the implementation of consumer protection as mandated in Law No. 8 of 1999 concerning Consumer Protection, and Law no. 18 of 2012 concerning food.


2006 ◽  
Author(s):  
Craig A. Anderson ◽  
Katherine E. Buckley ◽  
Nicholas L. Carnagey

2016 ◽  
Vol 5 (1) ◽  
Author(s):  
W akar Amin

History is witness to the fact that warring factions in any armed conflict often commit several human rights violations like murder, rape, torture etc., and the act of disappearance of person is one among them. While the persons who are subjected to disappearance are the primary victims, the families they leave behind are the secondary victims. The situation makes families of the disappeared person suffer great anguish when their loved ones go disappeared. The phenomenon produces anguish, fear and unspeakable sorrow for thousands of families. Appreciating the importance of social work professionals in helping families deal effective with their life situations the present paper aims to provide a case for social work interventional techniques of Social Support System (SSS) and Case Management to modify and make the social environment conducive for the families to live a normal life.


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