UPAYA PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA PERDAGANGAN ORANG

Human trafficking is increasingly organized, the more troublesome the government to provide protection to the victim, because the crime became transnational, structured and systematic. From this incident it is important to be studied more deeply about the protection of victims of crime of trafficking in persons. The objective is to determine how the protection of victims of human trafficking crimes / human and determine the factors that constrain the government in protecting victims of human trafficking/ human. Legal protection against the crime of trafficking in persons in Indonesia is already regulated in such a way, but in terms of implementation of law enforcement, officials and government are still not seriously implies. Legal product that became a major locomotive and excellent law enforcement that the Criminal Code still not yet gives tendencies favor of the victim, because the product is still offering an abstract clause related casualties represented only by the state. Factors causing the difficulty of protection is not only on the government alone but the victims themselves who sometimes do omission because the first one is not able to react to deviations, the second, the victim or entity other controls may fear there will be a result of the more serious because of such conflict, the third, indifference has become a social climate that is caused by the absence of extensive reaction.Keywords: Crime, Legal Protection, Human Trafficking

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

Jurnal Panji Keadilan : Jurnal Ilmiah Nasional Mahasiswa Hukum ◽

10.36085/jpk.v3i1.1179 ◽

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

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Human Trafficking and Migrant Workers: Analysis of Indonesian Migrant Workers Protection in Overseas

Law Research Review Quarterly ◽

10.15294/lrrq.v6i2.37366 ◽

2020 ◽

Vol 6 (2) ◽

pp. 173-180

Author(s):

Angga Putra Mahardika ◽

Sonny Saptoajie Wicaksono

Keyword(s):

Law Enforcement ◽

Human Trafficking ◽

Migrant Workers ◽

Legal Protection ◽

Empirical Method ◽

Trafficking In Persons ◽

Central Java ◽

Local Police ◽

The Right ◽

Important Form

The problems in this research are concerning to the regulations on the legal protection of illegal Indonesian migrant workers abroad who are victims of trafficking in persons already comprehensive, and the forms, mechanisms and procedures for legal protection of illegal Indonesian migrant workers abroad who are victims of trafficking in persons in BP3TKI Central Java already comprehensive?This thesis research uses a qualitative approach with a juridical-empirical method. The results of research and discussion show that based on Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers Overseas (PMI Law), the protection provided to victims of human criminal acts includes legal, social and economic protection. Whereas Law Number 21 of 2007 concerning Eradication of the Criminal Act of Trafficking in Persons (Huma Trafficking Act) grants the right to victims of human trafficking, among others, restitution, rehabilitation and repatriation. The most important form of legal protection for Indonesian migrant workers who are victims of trafficking in persons by Central Java BP3TKI is the repatriation of victims. In addition, the BP3TKI also conducts law enforcement against the perpetrators who are suspected of committing criminal acts of people. In conducting protection efforts, the Central Java BP3TKI collaborates with various parties such as the local police, BNP2TKI, and representatives of the Indonesian state in the placement country.

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ANALISIS KEBEBASAN BERPENDAPAT TERHADAP AGAMA MENURUT PASAL 156A KUHP (STUDI KASUS PUTUSAN NOMOR 784/PID/2018/PT.MDN)

Jurnal Hukum Adigama ◽

10.24912/adigama.v2i2.6914 ◽

2019 ◽

Vol 2 (2) ◽

pp. 1230

Author(s):

Livianto Sanjaya ◽

Firman Wijaya

Keyword(s):

Law Enforcement ◽

Freedom Of Expression ◽

Criminal Code ◽

District Court ◽

Real Relationship ◽

Court Judge ◽

Law Enforcement Officials ◽

The Government ◽

Call To Prayer ◽

North Sumatra

Meliana was charged with violating Article 156a of the Indonesian Criminal Code and was sentenced by a Medan District Court judge with 18 months in prison for being considered a religious blasphemy for complaining about the volume of the call to prayer near her home. The problem is how freedom of expression relates to religion according to Article 156a of the Criminal Code. The research method used in writing this thesis is normative legal research. The results showed that the Medan District Court Judge considered that the element of "blasphemy" was fulfilled by the fact that based on the conversation delivered by witnesses at the trial and there was a very real relationship between the complaints of the defendant and the anger of Muslims and the Fatwa of the Indonesian Ulema Council of North Sumatra Province stated that The defendant is blasphemous towards Islam, which is the religion of Islam adopted in the State of Indonesia. Freedom of opinion is not free freedom, but freedom that is limited by applicable regulations (Law). This case shows that the blasphemy law is actually a tool of conflict, not a conflict prevention as the government considers it. If this law is not abolished, then there must be a way for the law to "no longer be used." Law enforcement officials truly understand the essence of the blasphemy law, so as not to set a bad precedent in the midst of national pluralism.

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Perlindungan Hukum terhadap Pemuda Dari Kejahatan Terorisme Di Wilayah Hukum Provinsi Jambi

Wajah Hukum ◽

10.33087/wjh.v4i2.215 ◽

2020 ◽

Vol 4 (2) ◽

pp. 388

Author(s):

Ferdricka Nggeboe ◽

Reza Iswanto ◽

Sriayu Indah Puspita

Keyword(s):

Law Enforcement ◽

Government Regulation ◽

Legal Protection ◽

Law Enforcement Officers ◽

Provincial Government ◽

Legal Rules ◽

Criminal Sanctions ◽

Law Enforcement Officials ◽

The Government ◽

Data Collection Technique

Research on legal protection against youth from terrorism crimes in the jurisdiction of Jambi Province aims to determine the form of protection from the government and law enforcement in Jambi Province. The object of his research is legal protection for youth. The problem in this case is how the legal protection of youth from terrorism crimes in the jurisdiction of Jambi Province. The research method is normative so that this research is more descriptive qualitative in nature and sourced from literature. The approach is a case approach and the data collection technique is document study and data analysis is done qualitatively. The result of his research is that legal protection for youth from terrorism crimes in the jurisdiction of Jambi Province is carried out by means of preventive means, namely the government issues legal rules related to terrorism crimes, namely Law Number 5 of 2018 to protect youth who are victims of terrorism crimes, then law enforcement officers and The Counter-Terrorism Communication Forum conducts outreach / counseling related to terrorism crimes, while the repressive form is the Jambi Provincial government and law enforcement officials to ensnare perpetrators of terrorism crimes by imposing criminal sanctions as regulated in Law Number 5 of 2018 concerning Amendments to Law Number 15 2003 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2002 Concerning the Eradication of Criminal Acts of Terrorism into Law.

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THE HANDLING OF HUMAN TRAFFICKING WITH MAIL ORDER BRIDE MODE IN WEST KALIMANTAN

International Journal of Law Reconstruction ◽

10.26532/ijlr.v4i2.10976 ◽

2020 ◽

Vol 4 (2) ◽

pp. 69

Author(s):

Yenny AS ◽

Anita Yuliastini ◽

Rini Setiawati

Keyword(s):

Law Enforcement ◽

Human Trafficking ◽

Qualitative Approach ◽

Mail Order ◽

Trafficking In Persons ◽

Legal Research ◽

West Kalimantan ◽

Patriarchal Culture ◽

Law Enforcement Officials ◽

Women And Children

Trafficking especially women and children in West Kalimantan, is still vulnerable in various modes, including through order bride. Factors that influence the trafficking include poverty, lack of education, limited employment, patriarchal culture, and weak law enforcement as well as mechanisms and coordination of handling trafficking. This article will explore the issue of trafficking with the mail order bride mode by revealing the problem of what factors are obstacles in law enforcement handling the crime of trafficking in persons with the order bride mode. This article will explore the issue of handling the trafficking with the order bride mode by revealing the problem of what factors are obstacles in law enforcement handling the crime of trafficking in persons with the mail order bride mode. Through the socio-legal research method with a qualitative approach, the research results are obtained that the obstacles faced in handling criminal acts of trafficking with the mail order bride mode are still weak cooperation and coordination between relevant agencies and law enforcement officials, especially these crimes occur in transnational networks.

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Kebijakan Non Penal terhadap Pelaku Tindak Pidana Perjudian Jenis Sabung Ayam dalam Wilayah Hukum Kepolisian Sektor Kota Baru

Jurnal Ilmiah Universitas Batanghari Jambi ◽

10.33087/jiubj.v21i3.1674 ◽

2021 ◽

Vol 21 (3) ◽

pp. 927

Author(s):

Hisbah Hisbah

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Social Situation ◽

Criminal Code ◽

Community Members ◽

The Future ◽

Law Enforcement Officials ◽

New City ◽

The Government ◽

Taking Action

Gambling is a social disease that threatens real or potential social norms so that it can threaten public order. The purpose of this study is to determine the criminal law policy in tackling the criminal act of cockfighting in the Kota Baru Sector Police Law Area at this time and in the future, to find out the applicable policies carried out by law enforcers to tackle the criminal act of cockfighting gambling in the Legal Territory. New City Sector Police. In this study the author uses empirical juridical research methods. The criminal law policy against cockfighting gambling in the Criminal Code of gambling has been regulated in Article 303 bis and the penal code is four years in prison. Which is gambling is a game that puts valuable objects or money for betting. This incident makes gambling a criminal offense because any play that is played using money for betting is called gambling. Meanwhile, for the future, namely reforming the Draft Criminal Code is a must because the government must respond to these developments by planning a regulation that can include and reduce crimes in the field of decency, especially the crime of gambling in the type of cockfighting. So, this kind of thing requires a partnership between law enforcers and community members in overcoming the criminal act of gambling in order to create a social situation that is safe and clean from gambling that is troubling the public. The policy of law enforcement carried out by law enforcement officials in an effort to combat the crime of cockfighting gambling in the New City Sector Police jurisdiction is carried out by pre-emptive efforts, namely by focusing on efforts with an appeal to perpetrators of cockfighting gambling so that they have awareness and not. carry out gambling again because it is likely to disturb the security and order of the surrounding community. Then with preventive measures for prevention as a basis for eradicating gambling crimes in the New City Sector Police Legal Territory. Furthermore, through repressive measures, which are actions taken directly to eradicate crime by taking action so that the perpetrator is deterred and does not repeat the crime again.

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Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

International Conference of Moslem Society ◽

10.24090/icms.2018.1809 ◽

2018 ◽

Vol 2 ◽

pp. 1-12

Author(s):

Dyah Adriantini Sintha Dewi

Keyword(s):

Law Enforcement ◽

Public Service ◽

Public Services ◽

Point Of View ◽

Law Enforcement Officials ◽

Muslim Majority ◽

The Republic ◽

The Government ◽

The One ◽

Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

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ANALISIS ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

KESMAS UWIGAMA: Jurnal Kesehatan Masyarakat ◽

10.24903/kujkm.v4i1.295 ◽

2018 ◽

Vol 4 (1) ◽

pp. 1

Author(s):

Ferry Fadzlul Rahman

Keyword(s):

Law Enforcement ◽

Reproductive Health ◽

Government Regulation ◽

Medical Emergency ◽

Rape Victims ◽

Negative Effects ◽

Law Enforcement Agencies ◽

Community Factors ◽

Law Enforcement Officials ◽

The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health

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ANALISIS DEKRIMINALISASI ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

KESMAS UWIGAMA: Jurnal Kesehatan Masyarakat ◽

10.24903/kujkm.v2i2.315 ◽

2016 ◽

Vol 2 (2) ◽

pp. 80

Author(s):

Ferry Fadzul Rahman

Keyword(s):

Law Enforcement ◽

Reproductive Health ◽

Government Regulation ◽

Medical Emergency ◽

Rape Victims ◽

Negative Effects ◽

Law Enforcement Agencies ◽

Community Factors ◽

Law Enforcement Officials ◽

The Government

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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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