scholarly journals Antitesis Pemenuhan Hak Anak Korban Kekerasan Seksual dalam Sanksi Adat: Studi Di Desa Tenganan, Karangasem

2021 ◽  
Vol 10 (1) ◽  
pp. 104
Author(s):  
Ni Nyoman Juwita Arsawati ◽  
Putu Eva Ditayani Antari
Keyword(s):  
Sexual Violence ◽  
Legal Protection ◽  
Children's Rights ◽  
Customary Law ◽  
Children’S Rights ◽  
Comparative Approach ◽  
Child Victims ◽  
Conceptual Approach ◽  
Violence Against Children ◽  
The People

The purpose of this paper is to examine the customary law sanctions that are threatened against perpetrators of sexual violence against children, for example in the people of Tenganan Village, Karangasem-Bali, which are Balinese customary law communities who still adhere to their traditions in the era of modernization and globalization that is developing in Bali. Whether the customary sanctions for perpetrators of sexual violence against children in Tenganan Village, Karangasem-Bali are in accordance with the principle of fulfilling children's rights. This research is a type of normative legal research or what is often called doctrinal research. The approach used in this research is the Legislative Approach, the Conceptual Approach and the Comparative Approach. The result of this paper is that customary sanctions against sexual violence against children that occur in Tenganan Village do not position children as victims of sexual violence. On the other hand, children are placed in a position to participate as perpetrators. The customary sanctions do not provide legal protection and fulfillment of children's rights for child victims of sexual violence. Penelitian ini bertujuan untuk mengkaji sanksi hukum adat yang diancamkan kepada pelaku kekerasan seksual terhadap anak, contohnya pada masyarakat Desa Tenganan, Karangasem-Bali yang merupakan masyarakat hukum adat Bali yang masih memegang teguh tradisinya di era modernisasi dan globalisasi yang berkembang di Bali. Apakah sanksi adat bagi pelaku kekerasan seksual terhadap anak di Desa Tenganan, Karangasem-Bali telah sesuai dengan prinsip pemenuhan hak anak.Penelitian ini merupakan jenis penelitian hukum normative yang menggunakan tiga jenis pendekatanantara lain pendekatan Perundang-undangan, Pedekatan Konseptual dan Pendekatan Perbandingan. Berdasarkan hasil penelitian diketahui bahwa sanksi adat terhadap kekerasan seksual terhadap anak yang terjadi di Desa Tenganan tidak memposisikan anak sebagai korban kekerasan seksual. Sebaliknya anak ditempatkan pada posisi turut serta sebagai pelaku. Dalam sanksi adat tersebut tidak memberikan perlindungan hukum dan pemenuhan hak anak bagi anak korban kekerasan seksual.

PERLINDUNGAN HAK ANAK PASCA PERCERAIAN ORANG TUA

Authentica ◽  
2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Esti Kurniati
Keyword(s):  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Children Of Divorce ◽  
Legal Research ◽  
Conceptual Approach ◽  
Psychological Burden ◽  
Before And After ◽  
Marriage Laws ◽  
Legal Consequences

Marriage after will give rise to legal consequences for both parties, not least the child of the marriage. The result is the emergence of rights and obligations. In fact, many households are unable to realize these goals and finally divorced, whereas marriage laws make every effort to reduce the number of divorces, as a result of divorce not only to parents but to children as well. Do not let children of divorce who have got the psychological burden, plus more for the rights of civilización the form of children's rights is not fulfilled by the parents. This paper has discussed the protection of children's rights after the divorce of both parents, which to answer is used legal research with a legislative approach and a conceptual approach. Legal protection for children both before and after divorce is needed to minimize the occurrence of things that are not desired by the child itself, such as the absence of affection, the child becomes neglected and the child also cannot get along as a child.Keywords: legal protection, divorce, and children's rights.

scholarly journals Stunting Prevention Policy as a Form of Child Health Rights Legal Protection

2021 ◽  
Vol 9 (E) ◽  
pp. 1218-1223
Author(s):  
Hartotok Hartotok ◽  
Absori Absori ◽  
Khudzaifah Dimyati ◽  
Heru Santoso ◽  
Arief Budiono
Keyword(s):  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Research Approach ◽  
Regional Government ◽  
Prevention Policy ◽  
Legal Research ◽  
Conceptual Approach ◽  
High Prevalence ◽  
Health Rights

AIM: The objectives of this research are to reveal and to analyze the stunting prevention policy as a form of legal protection for children’s health rights (HR). METHODS: This type of research is a normative legal research approach to the legislation approach and conceptual approach. RESULTS: The results of the study show that stunting prevention policy as a form of legal protection for child HR has not been able to reduce the number of stunting. The high prevalence of stunting as evidence of the government’s failure in legal protection against the problem of malnutrition. Ignoring children’s rights is a form of HR violations committed by the state. CONCLUSION: Need to regulate the law related to stunting as a manifestation of state responsibility in upholding children’s rights. Prevention and handling of stunting are carried out holistically in various sectors with commitment and synergy between the central/regional government, parents, family, and community.

scholarly journals Legal protection of child victims of sexual violence in Serbia

Temida ◽  
2010 ◽  
Vol 13 (4) ◽  
pp. 17-36
Author(s):  
Natasa Tanjevic
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Child Victims ◽  
Violence Against Children

Violence against children is not a new phenomenon. In this regard, the forms in which it occurs as well as methods that allow it to have taken on an astonishing scale worldwide. Certainly, in this sense, sexual violence leaves the hardest and most complicated effects on the victim. Bearing in mind the complexity of sexual violence against children in the work we are going through an analysis of the criminalization of certain creatures that protect the sexual integrity of children from various forms of sexual violence, and analysis of his position of criminal attempt to answer the question of how the criminal justice system of protection that exists in our country can respond to this case.

scholarly journals LEGAL PROTECTION FOR CHILDREN AS A VICTIM OF SEXUAL VIOLENCE: ANALYSIS OF THE DECISION OF THE COURT OF SEXUAL VIOLENCE ON CHILDREN UNDER THE AGE OF 2006-2015

2020 ◽  
pp. 1-32
Author(s):  
Siswantari Pratiwi
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Legal Protection ◽  
Parental Supervision ◽  
Research Approach ◽  
Child Victims ◽  
The Public ◽  
Violence Against Children ◽  
Criminal Sanctions ◽  
Law Enforcement Officials

Children are often considered to be weak, innocent, and easily deceived, when children are free from parental supervision, they are vulnerable to being victims of sexual violence by immoral people who want to satisfy their sexual desires without thinking about the suffering they have to go through. Various rules have been arranged to protect children, but in reality, sexual violence against children continues to occur, this has led to public unrest, especially parents. For this reason, this study was conducted to find out how much the child victims of sexual violence have the highest priority to get protection in law enforcement practices so far. Data analysis techniques used a normative juridical research approach, and the results of interviews with informants as well as an analysis of court decisions on cases of sexual violence against children, in DKI Jakarta and Bekasi. The research proves that protecting children as victims of sexual violence is not limited to applying criminal sanctions or fines on the perpetrators, but must be accompanied by other protections such as assistance, granting their rights to obtain compensation, restitution, and assistance as mandated by law. Ideally, protection for the victim is given at every examination process until the criminal conviction. This is done to realize fair and beneficial law enforcement for children. The protection of children as victims of sexual violence has not been in favor of the interests of victims, the rights of children as victims such as the provision of compensation, restitution, and assistance to victims have not been implemented properly. This is because there is still a lack of understanding of law enforcement officials and the public about the importance of protecting victims. Therefore, as a protection effort that can be done, it is necessary to build a criminal justice system that is more in favor of the interests of children as victims, as well as improvements to the rules so that it is more in the interests of the victims. As soon as possible the regulation of the law is issued as a guideline for executing sentences so as not to cause controversy in the community. Through the application of sanctions that are just and impartial to the interests of the perpetrators, then justice for the victims will be realized.

scholarly journals Marriage Function as Protection Rights Against Wife and Children Right in Polygamous Marriage

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 277
Author(s):  
Muhammad Madih ◽  
Munsharif Abdul Chalim
Keyword(s):  
Data Analysis ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Remedies ◽  
Polygamous Marriage ◽  
Marriage Contract ◽  
The Right ◽  
Husband And Wife ◽  
Laws And Regulations

Marriage is a bond between man and woman which is also the religion of Islam is a way of worship, that in the community there is monogamy: one husband and one wife, but there are also polygamous marriage is one man with more than one wife with their applicable laws and regulations for implementation. The purpose of this study was to: 1) To determine the function of the marriage covenant can provide legal protection of the rights wife and children in polygamous marriages. 2) To determine the right of wife and children in polygamous marriages. 3) To know the legal remedies can be done to determine the rights of wives and children in polygamous marriages. Based on the results of data analysis concluded that: 1) The function of the marriage contract may provide legal protection of the rights of the wife and children in polygamous marriages as a certainty or limitation of rights received by his wife and children during the marriage took place and as a measure for husbands to act fairly in polygamous marriages , 2) The position of the right wife and children in polygamous marriages, namely the right wife by the husband proportionate balanced well after their second marriage and so are the rights of children still get their right in accordance with the provisions of the Act. 3) Remedies that can be done to determine the right istir and children in polygamous marriages with authentic mating agreements made governing the boundary between the rights and obligations of husband and wife in a polygamous marriage.Keywords: Marriage; Polygamy; Marriages Agreement; Wife and Children's Rights.

scholarly journals PROFESSIONAL EXPERIENCES OF ON-CALL SPECIALISTS IN THE FIELD OF VIOLATIONS OF CHILDREN’S RIGHTS

2020 ◽  
Vol 1 (10) ◽  
pp. 46
Author(s):  
Daiva Malinauskiene ◽  
Aistė Igorytė
Keyword(s):  
Qualitative Research ◽  
Children's Rights ◽  
Protection System ◽  
Children’S Rights ◽  
Daily Activities ◽  
Child Rights ◽  
Violence Against Children ◽  
Professional Experiences ◽  
Rights Protection ◽  
The Family

<p>The article analyses the content of the activity of child rights protection on-call specialists, their experiences related to the representation of the child and his/her interests. In Lithuania, this position is new and it emerged after the reform of the child rights protection system, which was caused by the increase in cases of violence against children, which resulted in their death several times. The activity of on-call specialists is focused on making quick decisions in response to reports of violations of children’s rights in the family and society.</p><p>Qualitative research revealed the experience of on-call specialists in relation to the assessments of violations of children’s rights in daily activities and the reactions of parents/ guardians to the assistance provided by on-call specialists.</p>

scholarly journals Perlindungan Hukum terhadap Anak Sebagai Pelaku Tindak Pidana dari Perspektif Kemerdekaan Pers

2021 ◽  
Vol 2 (2) ◽  
pp. 233-237
Author(s):  
Kadek Mahadewi ◽  
I Wayan Rideng ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Child Protection ◽  
Negative Impact ◽  
Code Of Ethics ◽  
Legal Protection ◽  
Children's Rights ◽  
Criminal Code ◽  
Children’S Rights ◽  
Press Freedom ◽  
The Press ◽  
Negative Impacts

Legal protection  for children  who consider  the law  is one important  aspect  that must  be considered   by all parties  to avoid  negative  impacts felt  by children  and children.   This  research  has  two problemformulations,     namely:   1) How  is legal protection   against  children  as  a  crime?  2)  What  are  the  implications   of press freedom which violates children's  rights as a crime? The method  used is nonnative legal  research.   The  implementation    of  press  freedom    in  reporting   is  not   in accordance   with  the  regulations   regarding  child  protection   and  the journalistic code of ethics because  efforts  are still being made  by the press  in reporting  about children  as a crime  whose identity  is published  in both print and electronic  media so that  it has a negative  impact  both physically.   and psychologically   to children. This requires  accountability  from the press  and sanctions  given  to the press  who violate children's  rights are regulated  in the Criminal  Code.

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.

YURIDICAL ANALYSIS OF THEORY OF THEORY OF ETHICAL FACILITIES DUTIES LAW COMPETITION COMPETITION IN INDONESIA

2018 ◽  
Vol 3 (2) ◽  
pp. 257
Author(s):  
Nandi Wardhana
Keyword(s):  
United States ◽  
Legal Protection ◽  
The United States ◽  
European Countries ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
Dominant Firm ◽  
Rule Of Reason ◽  
Sherman Act ◽  
Theory Of Theory

Indonesian competition law today requires a renewal of one of them concerning the doctrine of essential facilities duties. The doctrine essential facilities duties is a doctrine imposed on a dominant business actor who has access to essential facilities to provide access for competing business actors to use the facility. Regulation of essential facilities duties are needed to reduce dominance of a dominant firm in a particular market. This study uses a statutory approach, conceptual approach, and a comparative approach between the arrangements in the United States, Europe and Indonesia. The approach is expected to illustrate, harmonize problems arising, and provide better legal protection in the world of business competition. The doctrine essential facilities duties were first applied in the United States and then followed by European countries. The doctrine of essential facilities duties in the United States is based on the sherman act and uses theapproach rule of reason. The doctrine of essential facilities duties in European countries based on EC focuses on refusal to deal. The doctrine of essential facilities duties is explicitly implied in Law No. 5 of 1999. From this study it is concluded that the regulation on essential facilities duties in Law No. 5 of 1999 still can not provide a good legal protection for business competition in Indonesia.

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