scholarly journals RELEVANCE OF PANCASILA JUSTICE VALUE IN THE IMPLEMENTATION OF CHEMICAL CRIMINAL SANCTIONS ON SEXUAL CRIMINAL

2019 ◽  
Vol 6 (3) ◽  
Author(s):  
Aji Sudarmaji
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Sexual Violence ◽  
Community Culture ◽  
Sexual Crimes ◽  
Violence Against Children ◽  
Criminal Sanctions ◽  
The Social ◽  
The Republic ◽  
The Right

In its development every person in the country of Indonesia has the right to live free from torture and sexual crimes, therefore sexual crimes are damned and heinous acts which must be resisted. All this time, resistance to sexual violence has been carried out by all parties under the existing legal umbrella, including Perpu No. 1 of 2016, namely through the implementation of chemical castration sanctions, but in reality, it has not been effective in eradicating sexual crimes. In addition, the existing castration chemical sanctions are also felt to have violated the human rights of perpetrators of sexual crimes, whereas the actual law only restores the social system of existing crimes by not violating the human rights of all parties, both victims and perpetrators. The purpose of the research in this article is to analyze the formulation of castration sanctions policy policies on the perpetrators of the crime of child sexual violence in Indonesia at this time. To analyze castration criminal sanctions against child sexual violence offenders in Indonesia who have not met Pancasila values. To find the right formula for reconstructing criminal sanctions on perpetrators of child sexual violence in Indonesia based on Pancasila values. The method used in this article is sociological juridical. From the results of the research carried out it can be concluded that the implementation of Article 81 PERPU Number 1 the Year 2016 has not effectively protected and been able to recover victims of sexual violence. Then the factors that influence this are legal regulations that are still contrary to human rights respect as stipulated in the Pancasila and the 1945 Constitution of the Republic of Indonesia, then law enforcement factors that still do not pay attention to the recovery of children who are victims of sexual violence, and factors community culture that is still unable to effectively combat sexual violence against children due to a culture that considers sexual violence against children a family disgrace that no one should know.

scholarly journals Aspek Hukum Pidana Warga Negara Asing Ke Negara Kesatuan Republik Indonesia Tanpa Melalui Pemeriksaan Pejabat Imigrasi (Studi Putusan No: 1474/Pid.Sus/2016/PN. Mdn)

2019 ◽  
Vol 1 (2) ◽  
pp. 143-149
Author(s):  
Rama Sari Atiwiz Purba ◽  
Ridho Mubarak ◽  
Rafiqi Rafiqi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Government Regulation ◽  
Legal Action ◽  
Foreign Nationals ◽  
Criminal Sanctions ◽  
Library Research ◽  
Criminal Offenses ◽  
The Republic ◽  
Administrative Sanctions

Immigration is a form of legal action that is marked by the arrival or presence of foreigners in the territory of the Republic of Indonesia and the departure of Indonesian citizens to the territory of other countries by using or not having immigration travel documents. The method of this research is normative juridical, which is using Library Research. Legal arrangements regarding foreign nationals to Indonesia without going through immigration official inspection are outlined in Article 8 and Article 9 of Law No. 6 of 2011 concerning Immigration and also in Article 3, Article 20 and Article 21 of Government Regulation Number 31 of 2013 concerning Regulations for the Implementation of Law Number 6 of 2011 concerning Immigration and Minister of Law and Human Rights Regulation of the Republic of Indonesia Number 8 of 2014 concerning Passports Ordinary And Travel Letters Like Passports. Law enforcement against criminal offenses of Foreign Citizens to Indonesia without going through the examination of immigration officials then the perpetrators may be subject to administrative sanctions and criminal sanctions, the perpetrators who enter the territory of Indonesia without going through immigration officials have violated Article 113 of Law No. 6 of 2011 concerning immigration and sentenced to six months imprisonment

scholarly journals DUALISME PENERAPAN HUKUM BAGI PELAKU KEKERASAN SEKSUAL TERHADAP ANAK

LITIGASI ◽  
2020 ◽  
pp. 267-290
Author(s):  
AMRINA HABIBI ACHMAD
Keyword(s):  
Sexual Violence ◽  
Child Protection ◽  
Juvenile Court ◽  
The Other ◽  
District Court ◽  
District Courts ◽  
Sexual Crimes ◽  
Violence Against Children ◽  
Local Law ◽  
The Right

National law regulating child protection stipulates that every child has the right to secure protection, one of which is from sexual crimes, and gives the authority to adjudicate the case to the juvenile court under the district court. But on the other hand, the local law in force in Aceh stipulates that the authority is to adjudicate cases of sexual violence against children to the Sharia Court. Both of these regulations give rise to legal dualism that governs the same case in the Aceh jurisdiction, so that it can cause problems in its enforcement. This article intends to question the implementation of the absolute authority of the judiciary in theresolution of cases of sexual violence against children in Aceh, and explains the application of sanctions for perpetrators of sexual violence against children. This article is the result of a research that uses the juridical empiric method. Implementation of absolute authority in judicial institutions related to the settlement of cases of sexual violence against children in the jurisdiction of Aceh, district courts whose authority is given by national law are more competent than the Sharia Court whose authority is given by local law. One of the reasons among many is because district court judges generally have special certificates for adjudicating cases involving children, while the judge of the Sharia Court did not.

scholarly journals THE IMPLEMENTATION OF CRIMINAL SANCTIONS IN CRIMINAL CODE AGAINST CRIMINAL ABORTION ACTION BASED ON JUSTICE VALUE

2017 ◽  
Vol 4 (2) ◽  
pp. 161
Author(s):  
Hanuring Ayu Ardhani Putri
Keyword(s):  
Human Rights ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Right To Life ◽  
Criminal Sanctions ◽  
The Family ◽  
Health Expert ◽  
The Republic ◽  
The Right ◽  
Health Experts

The right to life is one of the human rights listed in the Constitution of the State as described in Article 28 (a) of the 1945 Constitution of the Republic of Indonesia. Abortion often occurs in this village. The health expert has not yet given a definitive response, vaguely seen the agreement that abortion can be done by considering the cause, the future of the child and the psychological reason of the family, especially the mother, provided that it is done in ways that meet certain conditions and conditions. So also with social experts who have a view that is not much different from health experts. This study aims to analyze the rights of women from the perspective of human rights and the application of criminal sanctions for perpetrators of criminal acts of abortion. This research method using normative juridical, which both research data obtained from references of literature and applicable legislation, and analyze from court decision. It is concluded that the application of criminal sanction by Judge to perpetrator of abortion crime in Indonesia is still very low compared to criminal threat contained in Criminal Code.

THE ROLE OF STATE PENSIONS IN SOCIAL PROTECTION OF CITIZENS

2021 ◽  
Vol 6 (3) ◽  
pp. 45-52
Author(s):  
Makhmudjon Ziyadullaev ◽  
Keyword(s):  
Human Rights ◽  
Social Protection ◽  
Constitutional Rights ◽  
Pension Systems ◽  
The Past ◽  
The Social ◽  
The World ◽  
The Republic ◽  
The Right

This article presents ofthe content of the right to social security, which is considered as one of the constitutional rights of citizens, the role of state pensions in the social protection of pensioners and the world pension systems, including distributive, mandatory and conditional pension funds.As well as the size of pensions and their components, the relevance and importance in the Republic of Uzbekistan, the ratification of the UN Universal Declaration of Human Rights and changes in thepension sector over the past 3-4 years, taking into account the types of pension provision, frombeginningsof independence of our country

Particularitățile procedurii de contestare a actelor executorului judecătoresc în legislația din Republica Moldova

2021 ◽  
Vol 2021 (2021) ◽  
pp. 101-111
Author(s):  
Igor COBAN ◽  
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
European Convention ◽  
The Rule Of Law ◽  
Republic Of Moldova ◽  
Civil Court ◽  
Procedural Law ◽  
The Republic ◽  
The Right

Enforcement is a fundamental institution of civil procedural law and an essential component of justice in a state governed by the rule of law. Enforcement in the light of the European Convention on Human Rights is an integral part of the „right to a fair trial”. The mere recognition of the right or the obligation of the debtor to restore the violated or contested right is often not enough. The legislator of the Republic of Moldova modernized the enforcement system by reforming it to the private system of enforcement of civil court documents. The object of this study is the particularities of the procedure for contesting the acts of the bailiff according to the legislation of the Republic of Moldova.

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 Chemical Castration Sanctions for Perpetrators of Child Sexual Violence in the Frame of Islamic Criminal Law

Al-'Adl ◽  
2021 ◽  
Vol 14 (2) ◽  
pp. 135
Author(s):  
Rachmadani Rachmadani ◽  
Sarwo Zulfahmi Muhammad Daming
Keyword(s):  
Data Collection ◽  
Sexual Violence ◽  
Criminal Law ◽  
Government Regulation ◽  
Sexual Disorders ◽  
Sexual Crimes ◽  
Applicable Law ◽  
Violence Against Children ◽  
The Right

This article discusses the review of Islamic criminal law regarding sanctions castration chemistry for the perpetrators of sexual violence against children. It is motivated by the rampant cases of sexual crimes against children have increased every year. As a response to the things that President Joko Widodo has issued Government Regulation No.. 70 Year 2020 about procedures for the Implementation of the Action Castration Chemistry, the Installation of the Detector Electronics, Rehabilitation and the Announcement of the Identity of the Perpetrators of Sexual Violence against Children. This rule gave authority to the state to be able to impose sanctions castration chemistry for the perpetrators of sexual violence against children. As for the problem studied in this research is how the forms of sexual violence in children? and how the determination of sanctions castration chemistry for the perpetrators of sexual violence against children is viewed from the perspective of the criminal law of Islam? This study uses the approach of normative juridical to discover the basics of the law of the criminal law of Islam-related sanctions gelding chemical. While methods of data collection using the method of literature, after the data collected then analyzed and interpreted by means of deductive. The results showed sanctions gelding chemical was done as an attempt of recovery of sexual disorders, so it can be said this punishment is not as torture against the perpetrators. As for the sanctions gelding chemical in the perspective of Islamic criminal law can be categorized punishment ta'zir which is a sentence that has a minimum and a maximum that is determined by a judge. The judge reserves the right to impose a penalty gelding chemical if the defendant is convicted of a violation based on the applicable law, because of the type of punishment is not in the nash.

scholarly journals A Context-Grounded Approach to Religious Freedom: The Case of Orthodoxy in the Moldovan Republic

Religions ◽  
2019 ◽  
Vol 10 (5) ◽  
pp. 314 ◽  
Author(s):  
Davide N. Carnevale
Keyword(s):  
Social Sciences ◽  
Human Rights ◽  
Soviet Union ◽  
Social Relations ◽  
Religious Freedom ◽  
Social Construct ◽  
The Soviet Union ◽  
The Social ◽  
The Republic ◽  
The Right

This paper explores the relationship between human rights and social analysis within the main historical and theoretical perspectives adopted by social sciences. In particular, religious freedom will be analysed as one of the central issues in the recent engagement of the social sciences with human rights. After examining current narratives and mainstream approaches of the social sciences towards the right to religious freedom, this article will then underline the importance of a social epistemology which goes beyond a normative and legal perspective, bridging the gap between the framework of human rights and the social roles of religion in context. Within this framework, religious freedom represents a social construct, whose perception, definition and implementation dynamically evolves according to its influence, at different levels, in the lived dimension of social relations. The second part of the article proposes a context-grounded analysis of religious freedom in the Republic of Moldova. This case study is characterised by the impressive growth of Orthodoxy after the demise of the Soviet Union and by a complex and contradictory political approach towards religious freedom, both as a legal standard and as a concept. Emerging through the analysis of local political narratives and some preliminary ethnographical observations, the social importance of religion will be investigated both as a governmental instrument and as an embodied means of dealing with widespread socio-economic insecurity, creating tensions between religious rootedness and religious freedom. The local debate on religious freedom will then be related to the influence of geopolitical borders, the topic of traditional identity and the religious form of adaptation to the ineffectiveness of the new secular local policies, with orthodox institutions and parishes having new socio-political roles at both a global and local scale.

scholarly journals Prevention of torture of persons deprived of liberty in Serbia: the State of affairs and challenges

Temida ◽  
2019 ◽  
Vol 22 (1) ◽  
pp. 79-104
Author(s):  
Natasa Tanjevic
Keyword(s):  
Human Rights ◽  
International Law ◽  
Justice System ◽  
International Standards ◽  
Criminal Sanctions ◽  
Degrading Treatment ◽  
The Republic ◽  
State Of Affairs ◽  
The Right

According to numerous international documents, the Constitution of the Republic of Serbia as well as relevant laws and by-laws related to the criminal justice system in general and the field of execution of criminal sanctions in particular, there is an absolute prohibition of torture, inhuman or degrading treatment or punishment and of inviolability of physical and psychological integrity od people. Thus, the most important international documents related to the prohibition of ill-treatment of persons deprived of liberty are analysed in the paper. Moreover, the aim of the paper is to determine the extent to which Serbian legislation complies with the international standards in this field. In order to identify possible shortcomings in this area and, consequently, the needs for improving the protection of persons deprived of liberty from torture, special attention is given to the role of independent monitoring mechanisms in the prevention of torture. This is particularly important if bearing in mind that the right to physical integrity and human dignity falls under the human rights category and that the prohibition of torture has a special status in international law and is treated as an imperative norm, thus, binding every state.

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.

Sign in / Sign up

Export Citation Format

Share Document