scholarly journals Protection Analysis Of Children Rights That Was Born From The Rape Causing (Study in State Court (PN) in Ex-Residency Cirebon Jurisdiction)

2020 ◽  
Vol 3 (1) ◽  
pp. 15
Author(s):  
Endang Kusnandar ◽  
Anis Mashdurohatun ◽  
Siti Rodhiyah Dwi Istinah
Keyword(s):  
Child Protection ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Field Studies ◽  
Mental Condition ◽  
Primary Data ◽  
State Court ◽  
Child Victims ◽  
Rape Victims

Criminal cases of rape very much creates difficulties in solving both at the stage of investigation, prosecution, or at the stage of the imposition of the verdict. The problems of this study are: forms of legal protection given to the rights of Children Which Born fom rape victims in Ex Residency Cirebon Jurisdiction and constraints in the implementation of the provision of legal protection against rape victims in Ex Residency Cirebon Jurisdiction and solutions.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview members of the Police of Ciwaringin Cirebon, And secondary data obtained from the study of literature.Based on the results of research that as is the case in jurisdictions other areas, merely enacted regional regulation on Child Protection, but the regulation is not set up for a child born to mothers who were raped or pregnancy due to rape, as well as court decisions, no one has noticed the rape victims who become pregnant as a result of rape, either already known or unknown since the trial process after the imposition of the verdict (ponis), as well as the Agency duties and authorities are not up to provide protection to Children Which Born from rape, but the child of such status as well as victims. Obstacles such as the difficulty to obtain information from the victim because of the victim's mental condition of the child, still quite a lot of people who are reluctant to testify as a witness, investigators have no children, as well as the infrastructure is not yet complete. To overcome the obstacles faced by those already undertaken several measures, among others cooperate with relevant agencies to provide protection and assistance to child victims of rape, bring in psychologists to recover the child's mental disturbed for being a victim of rape cases, as well as trying to convince the witness that willing to give information and not to be afraid to provide testimony.Keywords : Rights Protection; Children; Rape.

scholarly journals Effectiveness Of Allotment Penalty Imposed By Judge In The Case Of Children For A Child Protection As Victims (Case Study at State Court of Sumber)

2020 ◽  
Vol 3 (1) ◽  
pp. 87
Author(s):  
Didi Wahyudi Sunansyah ◽  
Aryani Witasari
Keyword(s):  
Child Protection ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Field Studies ◽  
Primary Data ◽  
State Court ◽  
Sociological Approach ◽  
Protection Legislation

The formulation in this study were 1) How allotment setting penalty in child protection legislation in order to protect the child as a victim? 2) How is the effectiveness of the penalty in the Child Protection Act?Method sociological approach juridical law and specification in this study were included descriptive analysis. Even sources and types of data in this study are primary data obtained from interviews with field studies Supervising Officers Society Child (PK Child) of the Penal Hall Cirebon and Head of Correctional Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of progressive legal protection and law.Based on the results of this study concluded under Appropriation settings Criminal Penalty In Child Protection Act is not describe protect children as victims, because the penalty to be paid by the convict is intended for countries not intended for children who are victims of crime. Appropriation effectiveness Criminal Judge Penalty That Dropped In Case of Children in the Context of the Protection of Children As Victims are Criminal penalties in the Law on Child Protection was not effective in reality, as more convicts chose imprisonment in lieu of penalty are not paid, compared to paying the penalty, it has implications for the expenditure of state finances are more likely to pay for convicts in prisons and to make prisons more crowded or over capacity.Keywords: Effectiveness; Penalty; Justice; Protection; Child.

scholarly journals Disparity of Judge's Decision on Children Of Narcotics Crime Actors Study on Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps.

2020 ◽  
Vol 2 (4) ◽  
pp. 579
Author(s):  
Dudu Wawan Setiawan ◽  
Bambang Tri Bawono
Keyword(s):  
Law Enforcement ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Field Studies ◽  
Research Society ◽  
Court Decision ◽  
Primary Data ◽  
State Court ◽  
Court Judge ◽  
Case Number

The problem of this research is Why the disparity between the criminal Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps.? Whether due to the disparity of criminal child Narcotics Crimes between Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps. ?The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. Now sources and types of data in this study are primary data obtained from interviews with field studies Denpasar State Court Judge, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of Pancasila justice, law enforcement and progressive.Based on the results of research that Children judge anyone considering the Research Society (Litmas) Community Advisors (PK) from the Institute of Corrections (Bapas) that, as considered by the Child Justice in case number 14 / Pid.Sus.Anak / 2015 / PN.Dps. Children temporary Judge's decision in case number 3 / Pid.Sus.Anak / 2014 / PN.Dps. not considering it, should judge Children in case number 3 / Pid.Sus.Anak / 2014 / PN.Dps. PK Litmas Bapas expensive, because the perpetrators of the Child is the only user, but instead judge Children in case number 14 / Pid.Sus.Anak / 2015 / PN.Dps. considering Litmas PK Bapas, whereas perpetrators Children in this case proved to be a dealer. Disparities criminal perpetrators of criminal acts against children Narcotics between Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps. implications for the protection of child neglect.Keywords: Children; Disparity; Narcotics; Decision; Crime Actor.

scholarly journals Law Enforcement Of Giving Restitution For Victims Of Trafficking In The State Court Of Central Jakarta

2020 ◽  
Vol 2 (4) ◽  
pp. 535
Author(s):  
Roswati Dewi ◽  
Sri Endah Wahyuningsih ◽  
Umar Ma'ruf
Keyword(s):  
Law Enforcement ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Analysis Data ◽  
The State ◽  
Primary Data ◽  
State Court ◽  
Research Use ◽  
West Java

This study aimed to analyze and assess: 1) Law Enforcement of Giving Restitution of Victim of Crime Against Trafficking in West Java Police Jurisdiction; 2) obstacles and barriers in the Restitution Administration of the Victim of Crime Against Trafficking in West Java Police Jurisdiction; and 3) How to overcome the obstacles in Giving Restitution of Victim of Crime Against Trafficking in West Java Police Jurisdiction.This research use sociological juridical approach to the specification of the research is descriptive analysis. Data sources include primary data and secondary data. Methods of data collection using interviews and documentation study. Methods of data analysis in this thesis using qualitative descriptiveThe study concluded that not every Victims of Crime of Trafficking Got Giving Restitution. Obstacles Giving Victims Restitution against Crime of Trafficking affected by the dominant legal factors and the influence of other factors. UUPTPPO an attempt by the State to TPPO, but construction is still weak, law making it difficult for victims obtain restitution, so it needs to be revised. It is recommended that UUPTTPO revised or reconstructed, so UUPTPPO for more providing legal protection for victims of TPPO to establish in the regulations (laws) that the State through the investigating police and / or prosecutor (JPU) who shall seek fulfillment TPPO restitution by offenders to victims TPPO, that is the nation participation for the society.Keywords: Law Enforcement; Restitution; Victims; Crime; Trafficking.

scholarly journals LEGAL PROTECTION FOR VICTIMS OF CRIMINAL VIOLATIONS (CASE STUDY OF VIOLENCE AGAINST CHILDREN IN BULELENG DISTRICT)

2019 ◽  
Vol 2 (2) ◽  
pp. 30
Author(s):  
Ni Putu Rai Yuliartini
Keyword(s):  
Social Services ◽  
Child Protection ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Child Victims ◽  
Service Center ◽  
Women And Children ◽  
Victims Of Violence ◽  
Integrated Service

This research aims to analyze the form of legal protection against child victims of violence in Buleleng. In addition, this research also analyzes the obstacles and efforts made by Buleleng police in uncovering cases of child abuse in Buleleng. This research is an empirical study with a study that sees law as a reality that includes social reality, reality of culture and others (examine law in action). This empirical law study aims to examine legal issues in its practical dimensions, especially related to legal protection for victims of violent crime in Buleleng district. This research uses primary data and secondary data with research location in Buleleng. Technique of collecting data is done through observation and interview. The collected data is then processed and analyzed qualitatively. The results of this study indicate that the Buleleng police prepare by receiving reports or complaints from victims of violence, whether orally or in writing as a form of regulation. The place for report or complain is on the section integrated police service center. Basically legal protection against child victims of violence is conducted in accordance with the Child Protection Act. Basically legal protection against child victims of violence is conducted in accordance with the Child Protection Act. While related to obstacles faced by Buleleng police in revealing cases of violence that occur to children that investigators often have difficulty in finding the perpetrators, lack of information from perpetrators or victims, chronology is often covered, not conformity information between perpetrators and victims. In addition, investigators find it difficult to obtain information or information from traumatized victims, lacking evidence, obstacles to finding witnesses, and the results of their visum. Furthermore, related to the efforts made, Buleleng police conducted the process of receiving reports or complaints from families of victims who experienced violence. In addition, assistance was also provided by the integrated service center for the empowerment of women and children in Buleleng, in the case of violence that occurred was accompanied, mainly related to cases of sexual violence. The involvement of an integrated service center for the empowerment of women and children is to further strengthen the mental victim through psychological support. Not only get assistance from integrated service centers for women and children empowerment but also receive assistance from social services.

ANALISIS YURIDIS PERJANJIAN JUAL BELI MELALUI MEDIA ELEKTRONIK BERDASARKAN KUH PERDATA DAN UNDANG - UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2020 ◽  
Vol 18 (1) ◽  
pp. 114
Author(s):  
Anggit Rahmat Fauzi ◽  
Ansari Ansari
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Electronic Media ◽  
Primary Data ◽  
The Internet ◽  
Legal Problem ◽  
Civil State ◽  
Consumer Protection Act ◽  
The People

The utilization of e-commerce media in the trading world brings impact to the international community in general and the people of Indonesia in particular. For Indonesian people, This is related to a very important legal problem. The importance of law in the field of e-commerce is mainly in protecting the parties who transact through the Internet. The purpose of this study is to know the legal review of the buying and selling agreements through electronic media as well as to know the legal protections for sellers and buyers if one of the parties commits a default. The research uses a normative juridical method of approach and the discussion is done in a descriptive analysis. The source and type of data used are primary data and secondary data. While the data collection techniques using literature studies, and the data obtained will be analyzed qualitatively. The agreement to buy and sell through electronic media is a new phenomenon that has been implemented in various countries and regulated in the Civil state nor law ITE. Legal protection for the parties in the sale and purchase agreements through electronic media is governed by the consumer protection ACT. Any breach must respond to any loss arising from his or her actions.

scholarly journals Concept Of Criminal Liability Of Notary Law In Deed Making Based On Perjury

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 675
Author(s):  
Ailina Rahmanita Fauzi ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Field Studies ◽  
Criminal Code ◽  
Primary Data ◽  
Element Formulation ◽  
False Information ◽  
Civil Suit

Purpose research These are 1) To analyze the concept of criminal responsibility notary law in the deed that is based on false information. 2) To analyze the legal consequences of the deed notary Based on False Information.The method used by researchers is Empirical Juridical (socio legal research)and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from field studies with an interview with a notary in Grobogan. And secondary data obtained from the study of literature. This study uses qualitative data analysis Based on the results of research that 1) Notaries can not be held criminal liability associated with the manufacture of the deed (partijnakten) based on false information, and can not meet the crime of counterfeiting element formulation in Article 266 paragraph (1) in conjunction with Article 55 paragraph (1) of the Criminal Code. 2) However, the notary can be held criminal liability against relaas deed or deed of officials (ambtelijke akten) if deliberate or careless notary make a fake deed to the detriment others. That made base on notary deed against false information does not in itself result in the deed null and void. The aggrieved party to the existence of the deed as it should file a civil suit to the court to cancel the deed.Keywords : Concept of Law; Criminal Responsibility; Notary; Deed; Specification False

scholarly journals Application of Criminal Penalties in Child Protection Law in the State Court Of Ngawi

2020 ◽  
Vol 2 (4) ◽  
pp. 571
Author(s):  
Sulistyo Utomo ◽  
Ira Alia Maerani
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Secondary Data ◽  
Primary Data ◽  
State Court ◽  
Criminal Cases ◽  
Analysis Techniques ◽  
Survey Results ◽  
Criminal Penalties ◽  
Data Collection Technique

This research aims to identify and analyze the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia and analyze the effectiveness of criminal fines when viewed from the perspective of children as victims of crime.Method used is socio-juridical using primary and secondary data. Primary data collection technique is done with the interview, and secondary data by reading, reviewing and analyzing primary legal materials, secondary legal materials, tertiary legal materials with qualitative analysis techniques, interpreted logically and systematically and drawn conclusions.Based on the survey results revealed that the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia criminal fines in criminal prospects are just as an alternative or substitute for imprisonment or confinement. And effectiveness this penalty has not run optimally because the defendant would prefer to replace the criminal penalties to imprisonment.The conclusion of this thesis is that the implementation or execution of criminal penalties in Indonesia have not been effective or not maximized because law enforcement or judges tend to prefer the imprisonment of the criminal finesKeywords: Criminal Fines; Criminal Prison; Children.

scholarly journals PENDAFTARAN TANAH DENGAN ALAS HAK JUAL BELI DI BAWAH TANGAN PADA PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) (Studi Pada Kantor Pertanahan Kabupaten Lima Puluh Kota)

2020 ◽  
Vol 3 (1) ◽  
pp. 40-54
Author(s):  
Donald Andrean
Keyword(s):  
Task Force ◽  
Legal Protection ◽  
Secondary Data ◽  
Land Rights ◽  
Field Studies ◽  
Primary Data ◽  
Legal Certainty ◽  
Land Registration ◽  
City District ◽  
The Government

In civil law, land is included in registered objects. Therefore ownership of land rights must be registered, for legal certainty. Land registration is regulated in PP No. 24 of 1997 concerning Land Registration. However, there are still many lands that have not been registered, to overcome this the government has issued a comprehensive systematic land registration program (PTSL) based on Minister of Agrarian Regulation No. 6 of 2018. The aim of this program is to provide legal certainty and legal protection for land rights owned by the community. The Complete Systematic Land Registration Program (PTSL) provides an opportunity for people who have not registered their land that is located throughout Indonesia in one village or village area. As in the Lima Puluh Kota Regency, there are still many lands that have not been registered, the people obtained them from buying and selling under their hands.The formulation of the problem in this thesis is firstly how is the land registration procedure with the basis of under-selling rights of purchase under the complete systematic land registration program (PTSL) at the fifty-city district land office ?; second, what are the obstacles in the implementation of land registration on the basis of the right to buy and sell under the complete systematic land registration program (PTSL) at the fifty-city district land office? The specification of this research is analytical descriptive, with a normative juridical approach, which is supported by an empirical juridical approach. The data used are secondary data as primary data and primary data as support, which are collected through literature studies and field studies with interview techniques. The data is then analyzed qualitatively and presented in a qualitative descriptive form. The results of the research and discussion of this thesis can be concluded that the procedure of land registration with the basis of the rights under the hand in the PTSL program in fifty cities is carried out with the stages of planning, location determination, preparation, formation and establishment of the PTSL adjudication committee and task force, counseling, physical data collection and collecting juridical data, researching juridical data for proving rights, announcing physical and juridical data and ratifying it, affirming conversion, recognizing rights and granting rights, accounting for rights, issuing certificates of land rights, documenting and submitting the results of activities and reporting.

scholarly journals THE DEVELOPMENT OF CHILD SEX EXPLOITATION COMMERCIAL (CSEC) “RESPONSE MODEL IN MEDAN CITY”

2018 ◽  
Vol 1 (2) ◽  
pp. 83
Author(s):  
Ahmad Fauzi ◽  
T.Riza Zarzani
Keyword(s):  
Child Protection ◽  
Physical Violence ◽  
Sexual Exploitation ◽  
Secondary Data ◽  
Forced Labor ◽  
Primary Data ◽  
Child Victims ◽  
Rights Of The Child ◽  
Non Governmental Organizations ◽  
Modern Slavery

Abstract The Child of Sex Exploitation Commercial (CSEC) is a fundamental violation of the rights of children. The violation is sexual violence by an adult with a gift to a child, or a third person, or other persons. Simply put, children are treated as sexual and commercial objects. This is a manifestation of forced labor and modern slavery, because not a few children are forced and subjected to physical violence and trauma. The purpose of this study is to examine the legal arrangements for the sexual exploitation of children in Indonesia, to examine and analyze prevention and mitigation of CSEC in Medan City, and to examine barriers to prevention and overcoming of CSEC and how to overcome it. This study uses sociological juridical approach that comes from primary data and secondary data. Data were collected through document studies and interviews conducted to Medan City Center for Childhood Study and Protection (PKPA) staff. The results of the study indicate that the legal arrangement of CSEC in Indonesia is conducted by stipulating several regulations, firstly, Child Protection Act No. 23 of 2002 and the Law on Eradication of Human Trafficking Crime Number 21 of 2007, besides Indonesia has ratified the UN Convention on Human Rights Rights of the Child (CRC) through Presidential Decree No. 36 of 1990. Efforts made to prevent and control the CSEC in Medan City, namely: to socialize in cooperation with various agencies to conduct prevention and prevention of criminal act in the city of Medan CSEC; building networks with various non-governmental organizations and with various institutions to give birth to Regional Regulation (Perda) Number 6 of 2004 on the Elimination of Trafficking in North Sumatra, making efforts of legal advocacy and advocacy from the Prosecutor to the Court; provide assistance to rehabilitate the physical and psychological child victims of CSEC (counseling and medical) and provide safe homes for children. Obstacles in preventing and preventing CSEC in Medan are: legislation that has not been specifically set CSEC, social, economic and psychological factors such as the attitude of community permissive or ignorance of CSEC issues, closed or complicated bureaucracy.Keywords: Efforts, Countermeasures, CSEC

scholarly journals LEGAL PROTECTION ON CHILDREN AS A VICTIMS OF SEXUAL VIOLENCE BASED ON PROGRESSIVE LAW

2017 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Etik Purwaningsih
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Legal Protection ◽  
Secondary Data ◽  
Law Enforcement Officers ◽  
International School ◽  
Primary Data ◽  
Child Victims ◽  
Legal Obligations

Sexual violence happened to children are often occurred, after the emergence of sexual cases in Jakarta International School (JIS). It began to arise attention to child victims of sexual violence. This paper aims to provide a review of the protection on child victims of sexual violence at this time. With the sociological juridical method, the primary data were obtained from direct interviews with law enforcement officers, while secondary data were obtained from literature references. The result shows that the legal protection does not pay attention on children as victim. The legal protection for children as victim sexual violence is expected to give punishment to the criminals in the form of payment of compensation to the victim whose amount is determined in the court, or fulfillment of the obligation of the Local custom or legal obligations that live in society or social and mental rehabilitation. If the convicted person tries to avoid giving the compensation, the convicted person is not entitled to a reduction in the criminal term and does not get conditional released.

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