Analisis Hukum Perlindungan Terhadap Anak Korban Kekerasan Fisik Dalam Rumah Tangga Menurut UU No.35 Tahun 2014 Tentang Perlindungan Anak

Writing this journal will describe the backgrounds of children who are often be the victims of physical violence in household and how legal protection for children victims of physical violence in the household is reviewed from UUPA No. 35 of 2014 and what are the legal consequences for the perpetrators of violence against physical violence against children in the household and how to take legal measures to minimize physical violence against children in the household. The problems formulated in the formulation of the problem are How does the rule of Law no. 35 of 2014 provides protection for child victims of physical violence in the household, How is the criminal law policy to the protection of child victims of the crime of physical violence in the household. The approach used is normative juridical method. The normative juridical approach method is used to examine library materials which are primary data. Based on the data obtained, then it is analyzed to draw conclusions after being explained in detail based on available sources. And guarantee the basic rights of every child, provide facilities and infrastructure and protect, nurture and prosper children through the rights and obligations of parents. The criminal law policy regarding the protection of child victims from criminal acts of physical violence in household as referred to in Article 76C, that the perpetrators of physical violence against children shall be sentenced to imprisonment for a maximum of 3 (three) years and 6 (six) years and / or a maximum fine of Rp.72,000,000.00 (seventy two million rupiah). How the non-penal law policy in minimizing the occurrence of child victims of physical violence in the household is more about preventing the occurrence of criminal acts, so that the main objective is to overcome the factors that are conducive to the occurrence of these crimes. This conducive factor focuses on social problems or the conditions that can directly or indirectly cause or foster crime.Keywords : Protection of Child, Victims of Physical Violence at Home, Child protection

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URGENSI PEMBAHARUAN HUKUM PIDANA DALAM KASUS KEJAHATAN KESUSILAAN: KAJIAN TENTANG SANKSI PIDANA BAGI PELAKU KEJAHATAN KESUSILAAN PADA ANAK

Hukum dan Masyarakat Madani ◽

10.26623/humani.v6i3.799 ◽

2018 ◽

Vol 6 (3) ◽

pp. 53

Author(s):

Subaidah Ratna Juita

Keyword(s):

Criminal Law ◽

Legal System ◽

Child Protection ◽

Government Regulation ◽

Deterrent Effect ◽

Child Victims ◽

Sexual Crimes ◽

Criminal Sanctions ◽

Second Amendment ◽

Penal Law

<p>Penjatuhan sanksi pidana terhadap pelaku kejahatan kesusilaan pada anak di Indonesia belum seimbang dengan dampak yang ditimbulkannya. Adapun anak sebagai korban dari kejahatan kesusilaan tentu mengalami trauma yang berkepanjangan hingga dewasa bahkan seumur hidupnya. Salah satu upaya yang dapat ditempuh dalam menghadapi problematika penegakan hukum adalah dengan cara pembenahan sistem hukum. Oleh karna itu perlu adanya pembaharuan sanksi pidana bagi pelaku kejahatan kesusilaan sebagai bagian dari sistem hukum. Pembaharuan ini perlu dilakukan karena sanksi pidana yang ada saat ini tidak memberikan efek jera bagi pelaku. Upaya pembaruan hukum pidana yang berkaitan dengan sanksi pidana dalam kasus kejahatan kesusilaan pada anak dapat ditelusuri berdasarkan perumusan sanksi pidana berdasarkan KUHP, UU Nomor 23 Tahun 2002 tentang Perlindungan Anak, UU Nomor 35 Tahun 2014 tentang perubahan pertama atas UU Nomor 23 Tahun 2002 tentang Perlindungan Anak, dan Peraturan Pemerintah Pengganti Undang-Undang (Perppu) No. 1 Tahun 2016 tentang Perubahan Kedua atas Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak. Dengan demikian tulisan ini secara fokus mengkaji urgensi pembaharuan hukum pidana, khususnya hukum pidana materiil tentang sanksi pidana bagi pelaku kejahatan seksual dalam rangka untuk memberikan perlindungan pada anak korban kejahatan seksual.</p><p><em>The imposition of criminal sanctions against the perpetrators of morality in children in Indonesia has not been balanced by its impact. As for the child as a victim of crime decency certainly traumatized prolonged until adulthood even a lifetime. One effort that can be taken in dealing with the problem of law enforcement is to reform the legal system. By because it is necessary to reform criminal sanctions for the perpetrators of decency as part of the legal system. These reforms need to be done because there is a criminal sanction which does not currently provide a deterrent effect on perpetrators. Efforts to reform the criminal law relating to criminal sanctions in cases of crimes of morality in children can be traced by the formulation of criminal sanctions under the penal law, Law No. 23 of 2002 on Child Protection, Law No. 35 of 2014 on the First Amendment of Law No. 23 of 2002 on Child Protection, and Government Regulation in Lieu of Law (Perppu) Number 1 Year 2016 Concerning Second Amendment Act No. 23 of 2002 about Child Protection. So this paper examines the urgency updates operating focus criminal law, especially criminal law substantive about criminal sanctions for dader of sexual crimes in order to provide protection for child victims of sexual crimes.</em></p><p> </p>

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

Journal of Community Research and Service ◽

10.24114/jcrs.v1i2.9342 ◽

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

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

Jurnal Pembaharuan Hukum ◽

10.26532/jph.v3i2.1407 ◽

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.

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Application of Prudential Principles in Registration of Granting Mortgage Right (APHT)

Authentica ◽

10.20884/1.atc.2019.2.2.67 ◽

2020 ◽

Vol 2 (2) ◽

pp. 121-145

Author(s):

Hesti Kusumaningrum

Keyword(s):

Precautionary Principle ◽

Legal Protection ◽

Secondary Data ◽

Primary Data ◽

The Precautionary Principle ◽

Registration Process ◽

Approach Method ◽

Working Day ◽

Administrative Sanctions ◽

Legal Consequences

The precautionary principle serves as a guideline for PPAT in carrying out the APHT registration process. In-Law No.4 of 1996 concerning Underwriting Rights, PPAT Position, and Civil Regulations No.1 Year 2006 implies the precautionary principle regarding the provision that the PPAT is personally responsible for the duties and authorities in the process of making the deed. PPAT must apply accuracy in registering APHT to the Land Office. Registration becomes an important moment for the birth of Underwriting Right, the fulfillment of the principle of publicity, the position of the preferred creditor as the holder of the Underwriting Right. The data used in this study are secondary data with primary data as secondary data supplementary data. The approach method used in this study is the normative juridical approach. The results of the study obtained concluded that 2 (two) terms of the application of the precautionary principle of the form and content of APHT made by PPAT in accordance with applicable regulations, however, APHT registration occurred later than the 7 (seven) working day deadline. Not applying the precautionary principle can lead to legal consequences for the PPAT, APHT. and preferred creditors, from the aspects of civil, criminal, and administrative law. Preventive and repressive legal protection for all parties concerned in the series of APHT registration processes. Suggestions for PPAT need to apply the precautionary principle to minimize late APHT registration, the Land Office needs to apply administrative sanctions. Keywords: prudential principles; APHT registration; legal consequences

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Legal Protection of the Rights of the Child Victims in Indonesian Juvenile Criminal Justice System

Jurnal Yustika: Media Hukum dan Keadilan ◽

10.24123/yustika.v23i01.2818 ◽

2020 ◽

Vol 23 (01) ◽

pp. 24-35

Author(s):

Oksidelfa Yanto ◽

Yoyon M. Darusman ◽

Susanto Susanto ◽

Aria Dimas Harapan

Keyword(s):

Criminal Justice ◽

School Violence ◽

Criminal Justice System ◽

Child Protection ◽

Justice System ◽

Physical Violence ◽

Legal Protection ◽

Child Victims ◽

Rights Of The Child ◽

Victims Of Violence

This research purposes to observe the development of crimes against children in Indonesia. Firstly, will take a closer look toward the importance of child protection in family, school and the environment from violence and crime. Secondly, will evaluate how far the criminal justice system can give protection toward the children as victims of violence and crime. Thirdly, looking at the state responsibility in giving sanctions through the criminal justice system. The method used in this research is juridical-normative by collecting secondary data related to legislation and materials obtained from books, journals, and other relevant materials. The observation result shown that many children are victims of violence. The victimization is basically everywhere, not only at home, but also at school. Violence in schools is not merely physical violence, but also psychological. The responsibility for protecting, educating, and developing children lies in the environment, family, and school. The function of criminal law to fight crimes against children's rights is a major factor in the success of the juvenile criminal justice system.

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

Veteran Law Review ◽

10.35586/velrev.v2i2.1241 ◽

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.

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

Jurnal Daulat Hukum ◽

10.30659/jdh.v3i1.8395 ◽

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.

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Acquisition Cost of Land and Building Rights Based on Buying and Selling

Authentica ◽

10.20884/1.atc.2019.2.1.58 ◽

2020 ◽

Vol 2 (1) ◽

pp. 1-17

Author(s):

Singgih Permana Adhi

Keyword(s):

Law Enforcement ◽

Acquisition Cost ◽

Secondary Data ◽

Primary Data ◽

Research Procedure ◽

Approach Method ◽

Transaction Price ◽

Legal Consequences

The collection of regional taxes and levies must be based on Law Number 28 of 2009 concerning Regional Taxes and Regional Levies, and for the Banyumas Regency area, it has been regulated in Regional Regulation Number 1 of 2011 concerning Regional Taxes in conjunction with Regional Regulation Number 22 of 2016 concerning Amendments to the Second Regulation Region Number 1 the Year 2011 concerning Regional Taxes. One type of tax that is under the authority of the regions is the Fees for Acquisition of Rights on Land and Buildings, hereinafter referred to as BPHTB. The approach method used in thisresearch is the normative juridical approach method. The data used are secondary data and primary data as a complement to secondary data. The results and discussion are the application of BPHTB based on the sale and purchase of the implementation including the process of filling in the SSPD BPHTB, determining tax objects, tax taxes, calculating taxes, research or validation, and payment. BPHTB is based on the sale and purchase of applications based on the PDRD Law and Regional Tax Regulations, the basis for calculating the BPHTB is the transaction price, therefore based on the Regent Regulation, the RegionalFinance Agency carries out a research procedure (validation) of BPHTB based on buying and selling with the truth of the transaction price value used to calculate BPHTB. PPAT which regulates the deed of transfer of rights, without ta supervision has been paid and validated giving legal consequences for PPAT in the form of sanctions in the form of fines for each award. Law enforcement of sanctions on administrative fines against PPAT and the procedures for its implementation are not regulated and have not been further regulated in the PDRD Law, Regional Tax Regional Regulations, or in implementing regulations.Keywords: Regional Taxes; Fees for Acquisition of Rights on Land and / or Buildings; Legal Consequencesof Land Deed Making Officials.

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Akibat Hukum Pengangkatan Anak menurut Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak

Jurnal Ilmiah Penegakan Hukum ◽

10.31289/jiph.v6i1.2473 ◽

2019 ◽

Vol 6 (1) ◽

pp. 14

Author(s):

Adawiyah Nasution

Keyword(s):

Child Protection ◽

Islamic Law ◽

Legal Protection ◽

Field Research ◽

Adoptive Parents ◽

Primary Data ◽

Adopted Children ◽

Legal Provisions ◽

The Right

<h1>The purpose of this study is to assess the legal provisions of the children under Law No. 23 of 2002 and to explain the consequences of the child's adoption law. In addition, to know the legal protection of adopted children under the Child Protection Act is reviewed from Islamic Law Preformance law Practice in Indonesia. To examine the matter, a descriptive study was conducted with a normative juridical approach that was conducted only on the written rules. The collection of data is derived from the literature research and supported field research studies on the appointment of Court and Civil registry office. Primary data collection tools are informant with the interview guidelines whereas data analysis is done with a qualitative approach using the logical and inductive thinking logic in the field of law. In the content of this article shows that, firstly, the consequences of child adoption generally arise with the appointment of a court by not deciding the adoption of adopted children with their biological parents, which switching is the right of custody. In the case of inheritance, the appointment of children based on the determination of the Court of Justice is entitled to the inheritance of his adoptive parents based on wills. Thirdly, with the determination of the adoption of children from the courts, the consequence is the protection of adopted children can be assured of the custody of the law and the inheritance of its adoptive parents.</h1><h1> </h1>

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Legal Protection for Consumers on Unlabelled Processed Food from Seaweed in Brebes Regency

SHS Web of Conferences ◽

10.1051/shsconf/20185406010 ◽

2018 ◽

Vol 54 ◽

pp. 06010

Author(s):

Dwi Edi Wibowo ◽

Benny Diah Madusari

Keyword(s):

Legal Protection ◽

Primary Data ◽

Processed Food ◽

Goods And Services ◽

The People ◽

Sense Of Security ◽

Approach Method ◽

The Government ◽

Conducting Research ◽

Set Up

Some certain types of seaweed, such as Euchema, Cottoni, Gracelaria, are also cultivated by people who live at coastal areas in Java. They make seaweed as a processed food like candies and solid porridge (dodol) because seaweed contains many nutrient substances, such as water (27,8%), protein (5,4%), carbohydrate (33,3%), fat (8,6%), coarse fiber (3%) and ashes (22,25%). Government should convince or guarantee with legal certainties, that people who consume goods and services, especially food products are safe, so that the existing of Rules as well as the regulations and other law for products set up and launched by the government, for giving protection to the people who use or consume the goods and products, will possibly bring a sense of security and improve welfare. The question is how is the legal protection for consumers on unlabelled processed food from seaweed? The Approach method used is empirical-juridical method which is used to solve problems by conducting research on primary data in the field. Juridical itself is a kind of research method referring to the law, the currently in force laws and regulations, and the theory of law.The regulations used in this research are Regulation No 8 / 1999 concerning Customers’ protection that is Regulation No.18 / 2012 concerning food.

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