scholarly journals ANALISIS PUTUSAN PIDANA BERSYARAT DALAM KASUS PENGANIAYAAN ANAK DI BAWAH UMUR (STUDI PUTUSAN NOMOR 2298/PID.SUS/2012/PN.TNG)

2018 ◽  
Vol 1 (1) ◽  
pp. 988
Author(s):  
Legita . ◽  
Mety Rahmawati
Keyword(s):  
Child Protection ◽  
Government Regulation ◽  
Legal Protection ◽  
Criminal Code ◽  
Criminal Penalty ◽  
Criminal Offenses ◽  
Compensation Claim ◽  
One Year ◽  
Case Number ◽  
Laws And Regulations

Criminal penalty is a criminal under certain conditions. Conditional criminal provisions are regulated in Article 14a-f of the Criminal Code. The case of persecution of the case Number 2298 / Pid.Sus / 2012 / Pn.Tng, the judge ruled the conditional penalty against the perpetrator, then the problem in this research is: How qualification can be terminated as a conditional in case of maltreatment in the case Number 2298 / PID.SUS / 2012 /PN.TNG? What is the legal protection of the victim? Method used by normative juridical with supported by interview. There is no special qualification for the perpetrators of such crimes that should be condemned. The judge may decide on a conditional penalty based only on Article 14 a-f of the Criminal Code. In this case the judge's decision has fulfilled the criteria for the stipulation of a conditional penalty because the sentence does not exceed 1 (one) year. The form of legal protection for children victims of the crime of torture of their legal instruments has been regulated in several laws and regulations namely Article 14c of the Criminal Code and Article 71D of Law Number 35 Year 2014 on Child Protection jo Government Regulation Number 43 Year 2017, that every child who becomes victims of criminal offenses are entitled to restitution or indemnification. Although legal instruments provide opportunities for victims to claim compensation to the perpetrator, this opportunity is not used. The victim only requires the perpetrator to be severely punished, thus ignoring the compensation claim.

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

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.

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

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.

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 Rights to restitution for child victim of criminal act under government regulation number 43 year 2017

2018 ◽  
Vol 52 ◽  
pp. 00006
Author(s):  
Azmiati Zuliah ◽  
Madiasa Ablisar
Keyword(s):  
Child Protection ◽  
Government Regulation ◽  
Legal Protection ◽  
Applied Theory ◽  
Child Victims ◽  
Material Loss ◽  
Child Victim ◽  
Her Family ◽  
Theory Of Justice ◽  
Rights Of The Child

The criminal act against children is a gross violation of human rights. The criminal act committed by the offenderis intolerable because it can affect their survival as well as growth and development. Therefore, the victim deserves legal protection. Restitution is one of forms of protection and fulfillment of the rights of the child to compensate any damages. So far, child victim of criminal act suffers not only material loss (countable) but also immaterial loss (uncountable) such as shame, loss of self-esteem, depression and/or traumatic anxiety.It is the fact that so far the rights of child victims to restitution are very often violated. Therefore, the child victim and his or her family feel that they do not given justice. It is hoped Government Regulation Number 43 Year 2017 will be able to give legal certainty to the victim to ensure that he or she can enjoy his or her rights to restitution for any loss he or she suffers as stipulated in Law Number 35 Year 2014 on the Revision of Law Number 23 Year 2002 on Child Protection. This research uses theory of justice as grand theory, law enforcement as middle range theory and theory of victimology as applied theory.

scholarly journals The Place of the Criminal Justice for Children in the Legal System of Republic of Macedonia from Its Independence Until Today

2016 ◽  
Vol 6 (1) ◽  
pp. 46
Author(s):  
Blerta Arifi ◽  
Besa Kadriu
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Child Protection ◽  
Legal Protection ◽  
Criminal Code ◽  
Special Treatment ◽  
Historical Aspect ◽  
Republic Of Macedonia ◽  
Separate Branch ◽  
Criminal Legal System

In this paper the author will analyze the legal treatment of juvenile delinquency in Republic of Macedonia, in historical aspect of the development of its legislation. In this way it will be presented the place of the criminal law for juveniles in the criminal legal system of the country and its development during today. The study will be focused on the innovation of legal protection of delinquent children, especially it will be analyzed the sanctioning of juvenile perpetrators and their special treatment from the majors in Republic of Macedonia. It will be a chronological comparison reflect of the juvenile sanctioning based on some of laws in Macedonia such as: Criminal Code of Former Yugoslavia, Criminal Code of Republic of Macedonia (1996), Law on Juvenile Justice (2007) and Law on Child protection (2013). The purpose of the study is to bring out the types of criminal sanctions for juveniles in Republic of Macedonia from its independence until today which, above all, are aimed on protecting the interests of the juvenile delinquents. Also the author of this paper will attach importance to the so-called “Measures of assistance and protection” provided by the Law on Child protection of Republic of Macedonia, which represent an innovation in the country's criminal law. This study is expected to draw conclusions about how it started to become independent itself the delinquency of minors as a separate branch from criminal law in the broad sense – and how much contemporary are the sanctions to minors from 1996 until today.

scholarly journals IMPLEMENTASI RESTITUSI ANAK SEBAGAI BENTUK PERLINDUNGAN HUKUM BAGI ANAK KORBAN TINDAK PIDANA DI PROVINSI RIAU

2020 ◽  
Vol 3 (1) ◽  
pp. 25-42
Author(s):  
Dewi Lisnawati
Keyword(s):  
Law Enforcement ◽  
Sexual Assault ◽  
Sexual Violence ◽  
Child Protection ◽  
Government Regulation ◽  
Legal Protection ◽  
Child Victims ◽  
Legal Research ◽  
Law Enforcement Officials ◽  
Victims Of Crime

ABSTRAKSetiap anak yang menjadi korban tindak pidana berhak mendapatkan restitusi seperti yang tertuang di dalam peraturan pelaksana dari Pasal 71 D Undang-Undang Perlindungan Anak No. 35 Tahun 2014 yakni Peraturan Pemerintah Nomor 43 Tahun 2017 tentang Pelaksanaan Restitusi Bagi Anak Yang Menjadi Korban Tindak Pidana. Pelaksanaan restitusi kepada korban hanya ditujukan kepada beberapa tindak pidana tertentu saja termasuk tindak pidana kekerasan seksual. Diterbitkannya Peraturan Pemerintah tersebut bertujuan untuk memberikan perlindungan hukum terhadap korban khususnya anak-anak atas penerapan hak restitusi. Penelitian ini termasuk tipologi penelitian hukum empiris. Hasil penelitian menunjukkan bahwa pelaksanaan restitusi bagi anak yang menjadi korban tindak pidana kekerasan seksual di Provinsi Riau berdasarkan Peraturan Pemerintah Nomor 43 tahun 2017 belum berjalan dengan baik. Hal ini disebabkan oleh beberapa kendala yakni kurangnya kesadaran dari aparat penegak hukum untuk mendorong terlaksananya restitusi bagi anak yang menjadi korban tindak pidana, administirasi pengajuan permohonan restitusi yang rumit, dan kendala restitusi yang tidak dibayarkan dan ketentuan dalam Peraturan Pemerintah Nomor 43 Tahun 2017 yang kurang jelas. Fokus penelitian ini adalah penerapan restitusi pada anak korban tindak pidana berdasarkan Peraturan Pemerintah Nomor 43 Tahun 2017.Kata kunci: restitusi; anak korban tindak pidana; kekerasan seksualABSTRAKEvery child who is a victim of a crime is entitled to get restitution as stipulated in the implementing regulations of Article 71 D of the Child Protection Act No. 35 of 2014 namely Government Regulation Number 43 of 2017 concerning Implementation of Restitution for Children Who Become Victims of Criminal Acts. The implementation of restitution to victims is only aimed at a number of specific criminal acts including sexual violence. The issuance of this Government Regulation aims to provide legal protection for victims, especially children, on the application of restitution rights so that they can run well. This research is a typology of empirical legal research. The results showed that the implementation of restitution for children who were victims of sexual violence in Riau Province based on Government Regulation No. 43 of 2017 has not gone well. This is caused by several constraints namely lack of awareness from law enforcement officials to encourage the implementation of restitution for children who are victims of criminal acts, administration of submission of complex restitution applications, and restitution constraints that are not paid and the unclear provisions in Government Regulation Number 43 of 2017. The focus of this research is on the provisions stipulated in Government Regulation Number 43 of 2017 concerning the implementation of restitution for children who are victims of criminal acts.Keywords: restitution; child victims of crime; sexual assault

scholarly journals The Urgency Of Ratifying The Elimination Of Sexual Violence Draft Bill In The Perspective Of Criminal Law

2021 ◽  
Vol 5 (3) ◽  
Author(s):  
Audaraziq Ismail ◽  
Eva Achjani Zulfa ◽  
Lulu Yulianti ◽  
Matius Evan Anggara
Keyword(s):  
Sexual Violence ◽  
Child Protection ◽  
Technological Development ◽  
Criminal Code ◽  
Criminal Offenses ◽  
The Subject ◽  
The Law ◽  
Victims Of Violence ◽  
Draft Bill ◽  
Legal Concepts

Regulations on sexual violence or violence are scattered in several regulations in Indonesia. However, along with the rapid and massive technological development, new form of criminal offenses related to sexual violence have emerged which have not been accommodated in the statutory regulations. Too many  regulations related to sexual violence also create new problems, specifically overcriminalization, overlapping, and the lack of coordination and systematic fulfillment of the protection for the rights of victims of violence by authorized institutions. These problems are the fundamental why the elimination of sexual violence draft bill should be ratified immediately. Based on the reasons above, the elimination of sexual violence draft bill is interesting to analyze. This research was conducted with a statutory approach and an analytical approach using relevant legal concepts and theories. Criminal offenses related to sexual violence are regulated in several regulations, the Criminal Code, the PKDRT Law, the TPPO Law, the ITE Law, the Child Protection Law and the Pornography Law. However the law that exist are not comprehensive yet for the expansion of criminal offenses for violence and fulfillment of the rights of victims who are not the subject according to the law, as well as the issue of overregulation becomes the urgency whyelimination of sexual violence draft bill should be ratified immediately.Regulations on sexual violence or violence are scattered in several regulations in Indonesia. However, along with the rapid and massive technological development, new form of criminal offenses related to sexual violence have emerged which have not been accommodated in the statutory regulations. Too many  regulations related to sexual violence also create new problems, specifically overcriminalization, overlapping, and the lack of coordination and systematic fulfillment of the protection for the rights of victims of violence by authorized institutions. These problems are the fundamental why the elimination of sexual violence draft bill should be ratified immediately. Based on the reasons above, the elimination of sexual violence draft bill is interesting to analyze. This research was conducted with a statutory approach and an analytical approach using relevant legal concepts and theories. Criminal offenses related to sexual violence are regulated in several regulations, the Criminal Code, the PKDRT Law, the TPPO Law, the ITE Law, the Child Protection Law and the Pornography Law. However the law that exist are not comprehensive yet for the expansion of criminal offenses for violence and fulfillment of the rights of victims who are not the subject according to the law, as well as the issue of overregulation becomes the urgency whyelimination of sexual violence draft bill should be ratified immediately.

scholarly journals Perlindungan Hukum Bagi Anak Dalam Tindak Pidana Pencurian Dengan Kekerasan Yang Mengakibatkan Matinya Korban (Studi Putusan No. 37/Pid.Sus-Anak/2017/PN. Mdn)

2019 ◽  
Vol 1 (2) ◽  
pp. 183-192
Author(s):  
Tengku Fachreza Akhbar A ◽  
Maswandi Maswandi ◽  
Arie Kartika
Keyword(s):  
Criminal Law ◽  
Child Protection ◽  
Justice System ◽  
Legal Protection ◽  
Criminal Code ◽  
Legal Counsel ◽  
Prison Sentence ◽  
Next Generation ◽  
Juvenile Courts ◽  
History Of

Protection of children as perpetrators of crime will never stop throughout the history of life, because children are the next generation of the nation and the next generation of development, that is, the generation prepared as subjects for implementing sustainable development and controlling the future of a country. This type of research is normative juridical and descriptive analyst. The legal arrangements for the theft of violence with the result that the death of a victim is regulated in Article 365 of the Criminal Law Act, linked to Law 35 of 2014 Amendment to Law No.23 of 2002 concerning Child Protection, and Law No. 11 of 2012 Amendment to Law No. 3 of 1997 concerning Juvenile Courts. Legal protection that children get protection, accompanied by a Legal Counsel, Psychologist, the existence of peace efforts between the parties concerned. Sanctions and sentences in Decision No. 37 / Pid.Sus-Anak / 2017 / PN. Mdn because the perpetrators violated Article 365 paragraph (4) of the Criminal Code, considering Law Number 11 of 2012 concerning the Criminal Justice System for Children, the offender was sentenced to a prison sentence of six years.

scholarly journals STUDY OF PENAL POLICY ON CHEMICAL CASTRATION SANCTION ON CHILD SEXUAL CRIMES CASES IN INDONESIA

2018 ◽  
Vol 3 (2) ◽  
pp. 121-132
Author(s):  
Krismiyarsi Krismiyarsi
Keyword(s):  
Sexual Violence ◽  
Child Protection ◽  
Government Regulation ◽  
Negative Impact ◽  
Deterrent Effect ◽  
Chemical Castration ◽  
Sexual Crimes ◽  
Violence Against Children ◽  
Criminal Offenses ◽  
The Republic

In Article 28 B paragraph (2) of the Constitution of the Republic of Indonesia, it is stated that the State guarantees the rights of children to survival, to grow and develop and to protect them from violence and discrimination. Along with the rapid flow of globalization and the negative impact of the development of information technology and telecommunications, sexual violence against children is increasing. The Indonesian Child Protection Commission (KPAI), stated that in 2015 there were 218 cases, in 2016 there were 120 cases, and in 2017 there were 116 cases. To address the phenomenon of sexual violence against children, the President of Indonesia issued a Government Regulation in Lieu of Law No. 17 of 2016, which was subsequently upgraded to Law namely Law No. 17 of 2016 concerning Stipulation of Government Regulation in lieu of Law No. 1 of 2016 concerning the second Amendment to Law No. 23 of 2002 concerning Child Protection becomes Law. The contents of criminal offenses against perpetrators of criminal acts of sexual violence against children can be subject to additional criminal sanctions in the form of announcing the identity of the perpetrators, and can be subjected to acts of chemical castration accompanied by rehabilitation and installation of electronic detectors. The basic consideration for the issuance of this Perppu is to minimize sexual crimes, give a deterrent effect to perpetrators of sexual crimes and prevent any intention for anyone to commit sexual crimes. However, the issuance of this Perppu invites pros and cons of how to implement it, considering that until now there has been no further Government Regulation regulating, especially the Indonesian Medical Association has refused to do chemical castration. This paper wants to explore the existence of the Perppu seen from the study of criminal law politics.

scholarly journals Legal Protection for Child Kidnapping Victims: Case Study in Gianyar District Court

2020 ◽  
Vol 42 (3) ◽  
pp. 333
Author(s):  
Komang Suartana ◽  
I Made Wirya Darma
Keyword(s):  
Child Protection ◽  
Legal Protection ◽  
Criminal Code ◽  
District Court ◽  
Legal Research ◽  
Specific Context ◽  
Criminal Offense ◽  
The Republic ◽  
Special Protection

This article aims to analyze how the crime of child kidnapping is covered in the Indonesian Criminal Code and the type of sanctions that can be imposed on the perpetrator of the crime of child kidnapping. It is a legal research that uses statutory, conceptual, and case approaches in discussing the legal protection of child kidnapping victims. In order to illustrate how the law that protects the victim of child kidnapping is applied by the court, it presents a case study at the Gianyar District Court that investigated a criminal offense of child kidnapping in 2018. The results reveal that the Indonesian Criminal Code classifies child kidnapping as a crime that is punishable as stipulated in Article 330 of the Code. In a more specific context, Law of the Republic of Indonesia Number 35 of 2014 concerning Amendments to Law Number 22 of 2003 concerning Child Protection includes child kidnapping as a case that needs to be given special protection  A case study regarding the imposing of sanctions on the perpetrator of child kidnapping can be seen in a criminal case before the District Court of Gianyar in 2018. In the judgment, the panel of judges imposing a sentence against the defendant in the form of imprisonment of 8 (eight) years in prison and a fine of Rp. 60,000,000 (sixty million rupiah) subsidiary 6 (six) months in prison;

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